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Bird, David <br />From: John Browning Ub@poplar.com] ? <br />Sent: Monday, June 29, 2009 4:27 AM <br />To: Bird, David <br />Cc: Waldron, Tony <br />Subject: Penn Mountain and Dept of Revenue-M-1985-022 <br />Spam: 0 <br />Thanks David. I've now spoken to the Department of Revenue. I must admit I still don't entirely understand <br />what's going on, but apparently there is some confusion in the bureaucracy about whether or not Penn Mountain <br />is operating. We didn't file some paperwork that apparently we should have filed had the mine been operating. <br />The State's way of dealing with this is simply to make up a large charge, and then start to pursue it through the <br />courts. I've now faxed them to say that the mine is in fact not operating and therefore we don't reckon we owe <br />this money. <br />I hope I didn't take too much liberty, but I also gave your name as someone in the State who is familiar with the <br />state of the mine and its (lack of) operation. Hopefully we can clear this up soon. <br />No <br />criticism of you, but it would certainly seem simpler if the State had simply written to ask if the mine was opera <br />ting. But I suppose there's more drama this way, and we've brought excitement into lives otherwise lacking... <br />I'll start on the bond with Elizabeth later today or tomorrow. <br />thanks and allbests, <br />John Browning <br />t: +44 20 7700 1230 f. +44 20 7700 5255 <br />On 26 Jun 2009, at 17:29, Bird, David wrote: <br />Hi John: <br />Thanks for your correspondence. <br />Regarding the bond, we have significantly exceeded what the Regulations allow for the granting of <br />extensions for bond payment, and drawing this out further puts you at risk for permit revocation. We try <br />to work with operators as much as possible on a site specific basis, and certainly there were mitigating <br />circumstances on your site, but I do not think we have the option of granting another extension. I'll check <br />with Tony to confirm that. <br />For information on posting the additional bond, please contact our bond expert Elizabeth Tahaferro. Tel: <br />303-866-3567 x8148. Email: Elizabeth. tahaferrogstate.co.us