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Snell &Wilmer <br />L.L.P. <br />uw ovb~ces <br />1200 Seven[eenth Street, Sui[e 1950 <br />Tabor Center <br />Denver, Colorado 80202 <br />(303)6342000 <br />Fax: (303)634-2020 <br />Robert D. Comer (303) 634.2015 <br />Lntemen rwmet~swlaw.com <br />Mazch 14, 2001 <br />Mined Land Reclamation Boazd <br />1313 Sherman Street, Suite 215 <br />Denver, CO 80203 <br />Daum. ooLOaADo <br />exoovcL AR¢ONA <br />TixsoN.Ars¢oNa <br />mvwE, cnwnxrnA <br />SALT LAFm (SIr, VfAH <br />PETITION FOR FORMAL REVIEW BY THE MINED LAND RECLAMATION BOARD <br />POWDERHORN COAL COMPANY NOTICE OF VIOLATION <br />(NOV # CV-2000-010) <br />Comes now Powderhom Coal Company ("Powderhom"), by and through its attorneys, <br />Snell & Wilmer, LLC, and petitions the Mined Land Reclamation Boazd (the "Boazd") for <br />formal review of the Colorado Division of Minerals and Geology ("DMG") Notice of Violation <br />("NOV") issued to Powderhom on December 14, 2001. Powderhom requests that the Boazd <br />rescind the NOV as having been issued without authority of law. <br />Introduction <br />Powderhom owns the underground Roadside and Cameo Mines near Cameo, Colorado <br />(the "Powderhom Mines") (permit no. C-1981-041). Approximately two-thirds of the surface is <br />federally managed by the Bureau of Land Management. In a letter dated March 13, 2000, <br />Powderhom notified DMG of the permanent cessation of mining operations. Reclamation has <br />been initiated at the mines and the company is full compliance with its operating permit. <br />Reclamation of the Powderhom Mines is guazanteed by approximately $2.9 million in <br />surety bonds. Frontier Insurance Company ("Frontier") issued Reclamation Bond No. 108486 <br />(the "Bond") in the amount of $2.6 million to Powderhom. Utica Mutua] Insurance Company <br />issued a bond in the approximate amount of $300,000; the Utica bond is not at issue in this <br />proceeding. The DMG and U.S. Office of Surface Mining ("OSM") are listed as obligees on the <br />Bond. <br />Snell ~ W ilmer is a member of LEX MUNDI, a leading association of independent law firms. <br />