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Paae 2 i.e., § 34-33-113, and rules 3.OI, 3.03.1, 3.02.2, 3.02.4(2)(6), and not just § 34-33-1-13 and rule 3.02.4(2)(6). In other words, 1 recommend including all the cites and not just stating that the NOV was issued in part under the provisions now stated in the Order. 3. In pazagraph 5, reference should be made to the Colorado Commissioner of Insurance rather than the Division of Insurance. 4. [n pazagraph 6, al] cites listed in NOV CV-2001-OOd 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). ~. In paragraph 8, the Board found that the NOVs constituted two separate violations. not because the bond is payable to the Boazd and OSMRE, but because the NOVs were based on different facts. I suggest this paragraph be changed to read: The Boazd finds that the NOVs constitute two separate violations, then list all the cites to the statute and the regulations contained in the NOVs. In the altemative, if the Board wishes to keep this pazagraph as it is presently constituted, the Boazd 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. In 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 2 and 4 above for the list of citations. 7. In paragraph 1 I, the Boazd did not make the findings stated in this paragraph. I suggest this pazagraph be deleted. In the alternative, if the paragraph 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 Powderhom's failure to abate the NOVs. Although Powderhom made reference to the steps it took to obtain a replacement bond, Powderhor witness, Mike Jamison, testified that Powderhom took no steps in the bankruptcy proceeding itself to obtain a replacement bond. In 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 paragraph 13, this sentence should be changed to indicate that Powderhom is out of compliance with respect to bonding requirements but at present time is in compliance with its on-the-ground reclamation requirements. ORDER: Paragraph 1 should read tha[ the Board upholds and enters the NOVs against Powderhom, and notjust that the Division's issuance of the NOVs is upheld.