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JAN 26 ' 93 15:23 FRO:ARNOLD PORTER • III IIIIIIIII'IIIIII ~E.002 sss 1 7 PARk AVENUE TOWER es EAST sarN srREEr NEW PORK, NEW YORK 10022.1219 cma iao-wso DAVIp $. NESLIN DIRECT LINE: (7031 8634301 VIA FA SIMILE CA9LE: ••ARroro^ TELECOPIER:f303) 912G i8 January 26, 1993 Mr. Michael Long Director of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 A$N QLD & P d$TEH ONE UNITED SANK CENTER 1700 LINCOLN STREET' DENVER, COLORADO 80203 (303) 863-1000 1200 NEW NAM PBMIRE AVENU E• N. W. WA3NINOTON• D. C. 20036 60219726700 Re: xarrison western Corporation's Petition for a De laratory Order Dear Mr. Long: On behalf of Harrison Western Corporation, I am writing to ask that the Mined Land Reclamation Board defer from its meeting tomorrow until its meeting next month consideration of Harrison Western's pending peti- tion for a declaratory order regarding the third-party, guarantor bond that it filed for a 1.5-acre portion of the West Pit of the GEC Coal Mine in Fremont County. Harrison western is taking this action in reli- ance upon the agreement in principle regarding the bond which it reached last month and reconfirmed yesterday with the Mined Land Reclamation Diviaiori. As Harrison Western and the Division discussed, the parties will prepare a definitive written agreement that memorializes the agreement in principle, and will seek formal ap- proval of the written agreement from the Board at its February 1993 meeting. Upon approval of the agreement by the Board, Harrison Western will withdraw its peti- tion. In the event that the Soard does not approve the agreement, then Harrison Western will ask that the Board address the petition at its February 1993 meeting.