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HOLLAND & HART <br />ATTORNEYS AT LAW <br />DENVER SUITE 2900 <br />DENVER TECH CENTER 555 SEVENTEENTH STREET <br />COLORADO SPRINGS DENVER. COLORADO 802023979 <br />ASPEN MAILING ADDRESS <br />BILLINGS PO. BO%8749 <br />BOISE DENVER, COLORADO 80201-8749 <br />CHEYENNE <br />JACKSON <br />WASHINGTON, D C <br />January 23, 1995 <br />BY FAX (832-8106) and RAND DELIVERY <br />III IIIIIIIIIIIII III <br />iELEPF+ONEf3031295-8000 <br />FACSIMILE (303) 295-8261 <br />TVJ% 910 931 0568 <br />DAYTS O. O~CONNOR <br />~3031295~B081 <br />9~~F1VED <br />JAN 23 1995 <br />OivrSK or ,Rgnerals G G@O1p9Y <br />Colorado Division of Natural Resources <br />Division of Minerals and Geology <br />Attention: David Berry <br />Senior Environmental Protection Specialist <br />Anthony J. Waldron <br />Environmental Protection Specialist <br />1313 Sherman Street, Suite 215 <br />Denver, Colorado 80203 <br />Re: Cyprus Orchard Valley <br />Request for Transfer <br />of Operators <br />Mine, Permit No. C-81-038 <br />of Coal Permit and Succession <br />Dear Messrs. Berry and Waldron: <br />I am enclosing a copy of a revised page 18 to the Bowie <br />Resources Limited permit transfer application which, in <br />response to Mr. Berry's questions earlier today, reflects <br />that Al Perry, the secretary of Bowie, has never owned or <br />controlled a surface coal mining and reclamation operation. <br />Therefore, there are no unabated cessation orders or unabated <br />air or water quality violation notices to list with respect <br />to Mr. Perry. <br />The position expressed in the revision to the <br />information disclosed in response to Rule No. 2.03.5(3) is <br />based on Bowie's view that Mr. Perry has never had authority <br />directly or indirectly to determine the manner in which any <br />entity has conducted coal mining or reclamation operations <br />and thus has never "owned or controlled" any coal mining and <br />reclamation operations as that term is used in Rule No. <br />1.04(834). Mr. Perry has been an officer of four companies <br />engaged in the coal business. However, each of those <br />positions (Vice President for Sales for Old Ben Coal Company, <br />Vice President for Marketing and Sales for Pyro Mining <br />Company, President of Costain Coal Sales Company and <br />President of A.L. Perry & Associates) has involved solely <br />