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contaminated water. POTW was not provided direct notice of the December 2016 <br />hearing. <br />4. At the December 2016 hearing the Board revoked the Permit and <br />forfeited the associated financial warranties, providing the Division the financial <br />means to accomplish the necessary reclamation work at Cell lA to avoid continued <br />hydrologic impacts. <br />5. On June 6, 2017, the Divi.gion proceeded with the dewatering and <br />reclamation work associated with Cell IA. The Cell lA reclamation project was <br />completed on August 1, 2017, utilizing approximately $190,000 of the financial <br />warranty. Reclamation liabilities remain on site and the Division will utilize the <br />remaining financial warranty to complete the outstanding reclamation. Currently, the <br />Division does not have plans to commence any work at the site for the 2018 <br />construction season. <br />6. In June 2015, counsel for the Division placed a memo in the permit file <br />regarding the May 20, 2015 email exchange. In August 2016, that memorandum was <br />replaced by a new memorandum. Both memos discussed the levy on the financial <br />warranty in detail, stated the Division's legal position, and committed to allow no <br />disbursement of funds to CGI without notice to POTW and its counsel. The email and <br />Memoranda intended to place notice in the Permit rile that a dispute existed over the <br />ownership of the "contingent reversionary interest" of the financial warranty, and <br />instructed the Division on how to distribute surplus financial warranty funds, if any <br />existed, after completion of all reclamation obligations. <br />7. On, or around, November 8, 2016, Todd Hennis, along with two other <br />petitioning creditors, filed an involuntary petition for bankruptcy under Chapter 7 of <br />the US Bankruptcy Code against CGI, the Operator and permittee of the Permit. An <br />order for relief was entered on January 25, 2017, and David E. Lewis was appointed as <br />the Trustee for CGI's (the debtor) bankruptcy estate. <br />8. On January 19, 2017 POTW filed a complaint in Denver District Court <br />seeking judicial review of the Board's December 2016 Order regarding revocation of <br />the permit and forfeiture of the financial warranty. <br />9. On November 17, 2017, the Denver District Court issued its Opinion and <br />Order in the judicial review matter. POTW has appealed the District Court's Opinion <br />and Order to the Colorado Court of Appeals. <br />CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2017) (the "Act"). <br />Pride of the West Mill/M-1984-049 <br />Al <br />