ENFORCE36525

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 2/25/2000
• Doc Name: MOUNTAIN COAL CO NOV CV-99-01 PN C-80-007 MOTION TO DISMISS
• Violation No.: CV1999015
• Media Type: D
• Archive: No

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STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES RECEIVE
DIVISION OF MINERALS AND GEOLOGY FEB 2 5 2000
MINED LAND RECLAMATION BOARD
Division of Minera}s & Geology
In Re:
Mountain Coal Company, L.L.C. Notice of Violation CV-99-O1
Permit No. C-80-007
Motion to Dismiss
Petitioner moves to dismiss the above captioned appeal before the Mined Land
Reclamation Board with prejudice. Petitioner also moves for permission to proceed with
an assessment conference over the amount of the proposed civil penalty before a hearing
officer appointed by the Division of Minerals and Geology. Petitioner requests that the
Division be ordered to continue to hold the payment of the civil penalty in escrow until it
has conducted the assessment conference at which time it will make a final disposition of
the matter.
Respectfully submitted,

Blair M. Gardner, Esq.
Counsel for Mountain Coal Company