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iiiiiiiiiiiiiiiiiii <br />COAL COMPANY <br />December 23, 1982 <br />Mr. David C. Sheldon ~~~'"~°E"~ V ~-~~ <br />Colorado Mined Land Reclamation Division <br />423 Centennial Building ~~~' 49 )98Z <br />1313 Sherman Street <br />Denver, Colorado 80203 MINED LA NU R`=' <br />RE: Roadside and Cameo No. 1 Mines Permit Application, <br />Colo. dept. Df Postural R~esourDCes <br />File No. C-041-81 <br />Dear Mr. Sheldon: <br />The 30-day period following the first publication of the Division's proposed <br />decision to approve the subject application will end on Janury 3, 1983. <br />Pending a request for a formal hearing, we anticipate final approval from the <br />Division within five days of that date. <br />During our meeting on November 19, 1982, with Fred Banta, Jim Herron and Brian <br />Munson, we expressed Powderhorn's concern regarding the potential for the Notices <br />of Violation (NOV's 82-49 and 82-51) to interrupt the permit approval process. <br />Based on our discussion in that meeting and on the provisions of Rule 2.07.6(1)(b) <br />(ii), we understand that the NOV's will not delay the permit approval process. <br />As it applies to our current situation, Rule 2.07.6(1)(b)(ii) states that the <br />Division shall require the applicant, before issuance of a permit to, "Establish <br />to the Division that the applicant has filed and is presently pursuing, in good <br />faith, a direct administrative or judicial appeal to contest the validity of that <br />violation." Powderhorn Coal Company requested an assessment conference for the <br />above referenced NOV's on December 22, 1982, and is therefore presently pursuing <br />a direct administrative appeal to contest the validity of the NOV's. <br />If there are any problems we are not aware of, please notify us. Your cooperation <br />and communication is appreciated. <br />incerel <br />e L. wick, P.E. <br />Assi ant General Manager <br />DLF:ve <br />cc: Fred Banta, CMLRD Bruno A. Redolfi <br />Brian Munson, CMLRD Bill Tate <br />Henry Barbe <br />POWDERHORN COAL COMPANY • P.O. BOX 1430 • Palisade, Colorado 81526 • (303) 464-7951 <br />