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April 26, 2007 <br />Page 2 <br />30 CFR 843.12 (f) site the ONLY circumstance that may qualify the company to <br />more than 90 days. 30 CFJt 843.16 (a) and (b) - clearly denies such a request. Jam <br />certain the counterpart state regulations read the same way, <br />In effect, on May 16m, absent abatement of the NOV a failure to abate and <br />cessation order must be issued. Even if the Board takes the full 30 days to render a <br />decision, a failure to abate and cessation order must be issued and in full force and effect <br />for the 30 days it take the board to decide. <br />Granting the April. 25a' requests made by 13asin/Westmoreland would be in <br />violation of the laws enacted by Congress years ago in an attempt to stop the industry for <br />these very tactics. <br />Very truly yours, <br />GL/~ <br />Ann Tatum <br />A'C/s <br />CC: Cheryl Linden facsimile (303) 866-5691 <br />%d3 ZO~ZS LOOZ/9Z/40 <br />Z00 ~ <br />