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Snell &Wilmer <br />L.L.P. <br />In fact, Powderhorn continues to work diligently with the State in implementing its <br />reclamation plan. The onset of litigation and attention that could result from an enforcement or <br />bond forfeiture proceeding can only serve to delay implementation of on-the-ground reclamation. <br />Furthermore, the fact that no surface disturbance is occurring and there is no threat to public <br />safety, human health or the environment, weigh in favor of rescission of the NOV. <br />Praver for Relief <br />As a result of the foregoing, Powderhorn respectfully requests the Boazd to rescind the <br />NOV as having been issued illegally and improvidently. In the event that the Boazd is unable to <br />grant this request without a heazing, Powderhorn requests the opportunity to be heazd by the <br />Boazd at its May 2001 meeting, and is willing to waive the sixty day hearing requirement to this <br />end. In addition, Powderhorn requests a grant of temporary relief and a stay of any further <br />enforcement proceedings. Should you have any questions in the interim, please do not hesitate <br />to contact me. <br />Very truly yours, <br />Snell &Wilmer <br />`- `f1~3~ <br />Robert D. Comer <br />Denise A. Dragoo <br />Enclosure <br />cc: Mr. Mike Long <br />Division of Minerals and Geology <br />1313 Sherman Street, Suite 215 <br />Denver, CO 80203 <br />Mr. Robert Clazk <br />Ms. Cheryl Linden <br />Colorado Attorney General's Office <br />1525 Sherman St., 5th Floor <br />Denver, CO 80203 <br />9010 <br />-9- <br />