ENFORCE20065

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 6/7/2001
• Doc Name: MEMO PROPOSED ORDER IN THE MATTER OF POWDERHORN COAL CO
• From: DEPT OF LAW
• To: ASSISTANT ATTORNEY GENERAL
• Violation No.: CV2001005
• Media Type: D
• Archive: No

KEN SALAZAR
Attomey General
CHRISTINE M. ARGUELLO
Chief Deputy Attomey General
ALAN J. GILBERT
Solicitor General
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STATE OF COLORADO
DEPARTMENT OF LAW
OFFICE OF THE ATTORNEY GENERAL
June 7, 2001
MEMORANDUM
TO: Mark Held
Assistant Attorney General
Business and Licensing Section
FROM: Cheryl A. Linden
First Assistant Attorney General
Natural Resources and Environment Section
RE: Proposed Order in the matter of Powderhorn Coal Company
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999
STATE SERVICES BUILDING
1525 Sherman Street - 5th Floor
Denver, Colorado 80203
Phone [phone]
FAX [phone]
I have reviewed the proposed Findings of Fact, Conclusions of Law, and Order you
have drafted for the Board's approval in the Powderhorn Coal Company case. I have the
following comments and suggested changes:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Ln paragraph 2, the last sentence should read that the bond is payable to the Boazd and
Office of Surface Mining, Reclamation and Enforcement, rather than payable to the
BLM. In addition, this sentence should also state that the mine is located on both
BLM and non-federal land, AND INVOLVES FEDERAL COAL. As amended the
last sentence would read: Because Powderhom's coal mine is located on both BLM
and non-federal land, and involves federal coal, the Bond is payable to both the Boazd
and the Office of Surface Mining, Reclamation and Enforcement.
2. In pazagraph 4, NOV No. CV-2000-010 was issued on two grounds, notjust one
ground: first, that Frontier's certificate of authority was revoked and second, the
Frontier bond failed to provide the financial assurance required by statute and
regulation. Both grounds should be included in the Order. In addition, the cites to
the Coal Act and regulations should include all the cites listed in NOV CV 2000-O10,