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„~ <br />:,, _ ~y <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of NJlu ral Resources <br />1313 Sherman 51.. Room 215 <br /> <br />Denver, Colorado 80203 I~~~~~~ <br />Phone: 13071 866-3567 <br />FAX' 13031 83 2-81 06 <br /> DEPARTMENT OF <br /> ~$ <br />August 23, 1996 j~SQj_JjZ <br />Mr. Larry Reschke Lovernorer <br /> <br />Powderhorn Coal Company lames 5. tochhead <br />P.O. BOX 1430 txecuriveDneaor <br />Palisade, Colorado 81526 Mic hael B. LOng <br /> Drvis ion Director <br />RE: NOV C-96-010 <br />File No. C-S1-041 <br />Dear Mr. Reschke: <br />As you are aware, the Request for Conference form you submitted in <br />response to the May 24, 1996, Notice of Proposed Amount of Civil <br />Penalty for NOV C-96-010, was apparently lost. Because we were <br />unaware that an assessment conference had been requested, a Notice <br />and Order to Pay Fixed Penalty was sent to you on August 14, 1996. <br />We have decided to re-issue the Notice of Proposed Amount of Civil <br />Penalty, and we will rescind the Notice and Order to Pay Fixed <br />Penalty upon receipt of your Request for Conference. Because of <br />the delay caused by the loss of the original request, it will not <br />be possible for the final penalty to be fixed within 120 days after <br />the NOV was originally issued, as specified by Rule 5.04.3(5)(c). <br />Please include with your Request for Conference a written statement <br />indicating that Powderhorn does not object to an extension of the <br />120 day time frame cited in Rule 5.04.3(5)(c). <br />Address the request to David Berry, in Denver, with a copy to me. <br />Let me know if you have any questions. <br />Sincerer , <br />l// )~///~J~~ <br />Dan T. Math2ws <br />Environmental Protection Specialist <br />cc: Larry Routten, DMG Denver <br />