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OF'CO(O <br />R~ 9q <br />~e ~ y0 <br />*s <br />+/876' <br />KEN SALAZ.aR <br />Attorney General <br />CHRISTfNE M. ARCIIELLO <br />Chief Deputy Attome}' General <br />ALAN J. GILBERT <br />Solicitor General <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />June 7, ?001 <br />MEMORANDUM <br />TO: Mazk Held <br />Assistant Attorney General <br />Business and Licensing Section <br />FROM: Cheryl A. Linden ~- <br />First Assistant Attorney General <br />Natural Resources and Environment Section <br />RE: Proposed Order in the matter of Pow•derhorn Coal Compan}~ <br />III IIIIIIIIIIIIIIII <br />999 <br />STATE SERVICES BI`ILDING <br />1525 Sherman Stree[ - 5th Floor <br />Denver, Colorado 8020.1 <br />Phone (303)866-x500 <br />F.4X 303 866-5691 <br />I have reviewed the proposed Findings of Fact, Conclusions of Law, and Order you <br />have drafted for the Boazd's approval in the Powderhorn Coal Company case. I have the <br />following comments and suggested changes: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW: <br />1. In paragraph ?, the last sentence should read that the bond is payable to the Board and <br />Office of Surface Mining, Reclamation and Enforcement, rather than payable to the <br />BLM. In addition, this sentence should also state that the mine is located on both <br />BLM and non-federal land, AND INVOLVES FEDERAL COAL. As amended the <br />last sentence would read: Because Powderhom's coal mine is located on both BLM <br />and non-federal land, and involves federal coal, the Bond is payable to both the Board <br />and the Office of Surface Mining, Reclamation and Enforcement. <br />2. In pazagraph 4, NOV No. CV-2000-010 was issued on two grounds, not just one <br />ground: first, that Frontier's certificate of authority was revoked and second, the <br />Frontier bond failed to provide the financial assurance required by starute and <br />regulation. Both grounds should be included in [he Order. In addition, the cites to <br />the Coal Act and reeulations should include all the cites listed in NOV CV ?000-010, <br />