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Page 2 i.e., § 34-33-113, and rules 3.01, 3.02.1, 3.02.2, 3.02.4(2)(6), and notjust § 34-33-113 and rule 3.02.4(2)(6). In other words, I recommend including all the cites and notjust stating that the NOV was issued rn part under the provisions now stated in the Order. 3. [n paragraph 5, reference should be made to the Colorado Commissioner of Insurance rather than the Division of Insurance. 4. In pazagraph 6, all cites listed in NOV CV-2001-005 should be listed in this paragraph, i_e., § 34-33-113 and rules 3.01, 3.02.1, 3.02.2, 3.02.4(1)(a) and 3.02.4(2)(6). 5. In paragraph 8, the Board found that the NOVs constituted two sepazate violations, not because the bond is payable to the Board and OSMRE, but because the NOVs were based on different facts. I suggest this pazagraph be changed to read: The Board finds that the NOVs constitute two sepazate violations, then list all the cites to the statute and the regulations contained in the NOVs. In the altemative, if the Boazd wishes to keep this paragraph as it is presently constituted, the Board should include all three grounds listed in the NOVs and all cites to the Coal Act and regulations contained in both NOVs. See paragraphs 2 and 4 above for the list of citations. 6. [n paragraph 9, all cites to the statute and regulations contained in the NOVs should be included in this pazagraph. As mentioned above, the NOVs were not just cited for violations of Rule 3.02.4(2)(b)(v)(C) but were issued because of all the statutory provisions and regulations listed in the NOVs. See paragraphs Z and 4 above for the list of citations. In pazagraph 11, the Board did not make the findings stated in this pazagraph. I suggest this pazagraph be deleted. In the altemative, if the pazagraph is kept in the Order, the second sentence should be deleted because it is not supported by the evidence presented at the hearing and because it makes it sound as if bankruptcy excuses Powderhorn's failure to abate the NOVs. Although Powderhom made reference to the steps it took to obtain a replacement bond, Powderhom witness, Mike Jamison, testified that Powderhom took no steps in the bankruptcy proceeding itself to obtain a replacement bond. [n addition, bankruptcy does not excuse a failure to abate an NOV. Confirming this is the Boazd's specific finding that Powderhom has failed to abate the NOVs and its action to uphold and enter the NOVs against Powderhom. 8. In pazagraph 13, this sentence should be changed to indicate that Powderhor is out of compliance with respect to bonding requirements but at present time is in compliance with its on-the-ground reclamation requirements. ORDER: 1. Pazagraph 1 should read that the Board upholds and enters the NOVs against Powderhom, and notjust that the Division's issuance of the NOVs is upheld.