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ARCO ~i <br />Legal <br />555 Seventeenth Street <br />Denver, Colorado 80202 <br />Telepnane 303 293 4246 <br />Fax 303 293 4098 <br />R. Kirk Mueller <br />Senior Attorney <br />January 30, 1998 <br />VIA FAX 832-8106 <br />Dave Berry <br />Division of Minerals & Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Notice of Violation CV-97-022 <br />Extension of Penalty Assessment Deadline <br />Dear Dave: <br />~!1 rIIIIIIIIIINIii <br />999 <br />RECEIVED <br />FEB 0 3 1998 <br />nivision of Minerals 8 Geobgy <br />Rule 5.04.3(2) of the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining provides that the Colorado Division of Minerals and <br />Geology ("Division") shall assess a proposed civil penalty within thirty days of <br />issuing a Notice of Violation ("NOV"). However, in regard to the above- <br />referenced NOV issued to Mountain Coal Company ("MCC"), you and I (on <br />behalf of the Division and MCC respectively) have discussed and agreed that an <br />extension of the Rule 5.04.3(2) thirty-day deadline would be appropriate. In <br />particular, given that the Division and MCC have convened two meetings and <br />MCC has prepared and submitted technical studies of both the landslide and the <br />Edwards Mine portal water discharge for consideration by the Division as part of <br />its investigation, we have agreed that the assessment of a civil penalty should <br />be deferred until February 27, 1998 to give the Division more time to conduct its <br />investigation and consider MCC's request to vacate. <br />If the foregoing does not accurately describe our understanding, please notify <br />me at once. Thank you for your cooperation in this matter. <br />Very truly yours, <br />~~~ ~~_ <br />R. Kirk Mueller <br />RKM:kmn <br />cc: Steve Brown, Esq., Assistant Colorado Attorney General <br />Phil G. Schmidt, MCC <br />AOanpc R¢nOeitl GnmP~Y <br />