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Snell &Wilmer <br />L.L.P. <br />Mined Land Reclamation Boazd <br />Mazch 14, 2001 <br />Page 3 <br />begun for the property. The only risk of significant harm would be from jeopardizing the source <br />of funding for the reclamation plan, which is Quaker revenues derived from its operating <br />properties in the eastern United States. A finding of an unabated violation by the Board would <br />risk Powderhom being placed on the applicant violator system, and present a real risk to <br />reclamation at the mines. It would be unfair and inequitable to find Powderhor in violation of <br />the law, to seek forfeiture of its bond, or to seek to impose penalties against Powderhor for the <br />acts of another. <br />Based on the foregoing, Powderhor requests Temporary Relief and a Stay of further <br />enforcement action, ordering the DMG to: <br />• not foreclose on the Frontier Bond, <br />• not seek penalties from Powderhom, <br />• not issue an unabated NOV or cessation order, <br />• not seek to have Powderhom submitted to the Applicant Violator System, and <br />• not take further enforcement action against Powderhom absent some new <br />allegation that it has violated a condition of its permit or the law. <br />Powderhom requests this Relief and Stay from the date of the NOV until such reasonable time <br />after final judicial resolution such that compliance with any court order can be achieved, <br />recognizing the potential requirement for approval by the Bankruptcy Court. Powderhor further <br />requests that this temporary relief be expeditiously granted by the Boazd. <br />Respectfully submitted, this 14th day of March 2001. <br />Very tmly yours, <br />Snell &Wilmer <br />Robert D. Comer <br />Denise A. Dragoo <br />cc: Mr. Mike Long, Division of Minerals and Geology <br />Robert Clazk, Esq., Colorado Attomey General's Office <br />Cheryl Linden, Esq., Colorado Attorney General's Office <br />8741.1 <br />