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<br />' ~ William Taylor Phillips • <br />Attorney al Lew <br />817 Colorado Avenue <br />Suite 209 Telephone <br />Glenwood Springq Colorado 81601 (303) 945-4457 <br />A~ t~''~~ <br />November 28, 1990 ~~(~ _~~~`~~;J <br />Colorado Department of Natural Resources <br />Mined Lana Reclamation Division NO V 2 9 1990 <br />1313 Sherman Street, Room 215 <br />Denver, co eozo3 Mined Land <br />Attn: Barbara Chiappone Reclamation Division <br />Re: Permit File #M-87-074, Dotsero Quarry Annual Fee and Report <br />Request, Notice of Violation #M-90-100 <br />Dear Ms. Chiappone: <br />Enclosed please find two checks each in the amount of 350.00 <br />payable to the Department of Natural Resources. I am submitting these checks <br />in connection with the above referenced Dotsero Quarry for the benefit of my <br />clients George E. and Bernice Morrison and Donald C. and Shirley Jensen, who <br />are holders of a first lien deed of trust on the Dotsero Quarry. <br />One of these checks is for the annual fee and the other is in <br />payment of the 350.00 civil penalty assessed by your office for failure to <br />submit an annual report on or before October 9, 1990. Please be advised that <br />the penalty is being paid under protest due to the fact that Dotsero Block, <br />Inc. was on October 9, 1990 and still is in bankruptcy (Case No. 90 B 04253 <br />E). Please be advised that Section 362 of the Bankruptcy Code provides that <br />the filing of the bankruptcy acts as a stay against the commencement or <br />continuation of an administrative action or proceeding against the Debtor. <br />Accordingly, the fine imposed by your office is in violation of the automatic <br />stay issued by the Bankruptcy Court. <br />My clients have an interest in the subject mining permits only <br />because of their lienholder status and are paying the annual fee and penalty <br />in an abundance of caution so that their security interest is protected. In <br />accordance with the above please consider this letter as a formal request for <br />an administrative decision providing that the penalty for failure to file the <br />annual report be waived and that one of the enclosed checks for 350.00 not be <br />cashed. <br />If you have any questions or comments please do not hesitate to <br />give me a call. <br />~Sin~ly, <br />William T. <br />WTP/ckh <br />cc: Martin Long, Esq. <br />