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~ iii iiiiiiiiniu iu HOLME ROBERTS & OWEN ATTORNEYS AT LAW ITOO BROADWAY EDWAgD J. MCGRATH HAND DELIVERY DENVER,COLO RADO 80290 TELEPHONE (303) BBI~T000 TELE% 454480 July 27, 1983 David Shelton, Director Mined Land Reclamation Division Colorado Department of Natural Resources 1313 Sherman St., Room 423 Denver, Colorado 80203 Dear Dave: 102 NORTH GA iCADE AV EN UE GOLO RADO SF'R ING 5,00. B090J TE LE RHONE (303) aT3 3800 50 SOUTH RAIN STREET SALT LANE OIT T, UT. 84144 TELEPHONE (E 01) 521-5800 .)L ;'i 1983 PAIP}ED LAIJD ftECLAtv1ATI0N Colo. Dent. of IJ:)tural Resource In connection with our discussion this mornin~3 con- cerning the imposition of penalties in the Cotter matter, enclosed are copies of the Stipulation which we worked (~n with your office, together with an internal memo by Charlotte iQeitzel concerning the discussions had between the parties in relation to the December 15, 1982 MLRB meeting. I call your attention to paragraph 11 of the ~~roposed Stipulation and the first paragraph of Charlotte's memo. Taken together my sense of the matter is that your concern wi`h re- spect to penalties was that the Board and the Division )lot be deprived of the ability to impose penalties in the even: that Cotter did not perform under the Stipulation. While th~a Stipulation was not formally executed, Cotter did perfo:^m the undertakings set forth in the document. The converse of this is that in the event that Cotter did perform, the Division would recommend against the imposition of penalties. The handwritten amendments to paragraph 11 ap~~earing on the enclosed copy represent Charlotte's language addressing your concern. The penciled matter at the bottom of the proposed Stipulation, added at the time of your discussion with ]7er on December 15, represents Charlotte's language addressing the concerns on other aspects of the Stipulation expressed ley Janice Burnett.