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III IIIIIIIIIIIII III 999 TE O~ COLORADO DIVISION OF MINERALS AND GEOLOGY D~~Uanmem ui Natural Resources I J I }Sherman St., Room 215 Denver, Colorado 80203 Vhone: 1303) 8G6J567 FAS~IJ03)832-tl106 D I VISION O F MINERALS cEOLOCY RECLAMATION MINING•SAF ETY Bill Owens March 30. 1999 Governor Creg E. Walther Executive D~reaor Jeff Croll Michael 8. Lang Landmark Reclamation, Inc. Division Dneclor 4901 S. Windermere Littleton, CO 30102 RE: Stipulations #6 and #7 for the Rimrock Mine, #C-89-074 Deaz Mr. Croll: During the last permit renewal, stipulations #6 and #7 were attached as conditions to the permit. The stipulations were issued as follows: St~i ulation No. 6 RIMROCK COAL COMPANY, LANDMARK RECLAMATION, INC., OR OTHER PERSONS RESPONSIBLE SHALL PAY WITHIN 90 DAYS OF NOTIFICATION BY THE DIVISION THAT STIPULATION N0.7 HAS BEEN TERMINATED, ALL OUTSTANDING CIVIL PENALTIES IDENTIFIED IN THE OFFICE SURFACE MINING APPLICANT VIOLATOR SYSTEM. IN LIEU OF PAYMENT, A DEMONSTRATION SATISFYING THE STATE OF OKLAHOMA THAT LANDMARK RECLAMATION, INC. AND RIMROCK COAL COMPANY ARE NOT LINKED TO THE ENTITY IN OKLAHOMA RESPONSIBLE FOR PAYMENT, OR DID NOT HAVE CONTROL OF THE MINES IN OKLAHOMA AT THE T[ME THE VIOLATIONS WERE ISSUED, WOULD ALSO BE ADEQUATE. Stipulation No. 7 THE PERMIT IS ISSUED SUBJECT TO FINAL RESOLUTION OF THE OWNERSHIP CONTROL RULES CHALLENGE BEFORE THE D.C. CIRCUIT COURT OF APPEALS. ON JANUARY 31, 1997, THE COURT OF APPEALS RENDERED A DECISION UNFAVORABLE TO OSM'S OWNERSHIP AND CONTROL REGULATIONS. ONCE ALL AVENUES OF JUDICIAL REVIEW HAVE BEEN EXHAUSTED, THIS PERMIT WILL BE REVIEWED TO DETERMINE [F IT IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS.