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08/07/2001 15:04 FA% 303 834 2020 SNELL & PYILMER <br />e <br />ORD$R <br />Besed on the above findings of fact and conclusions of law, the Board ORDERS that: <br />I~ 006 <br />1. The Division's issuance of NOV Nos. CV-2000-010 and C'V'-2001-005 is upheld. <br />2. Powderhorn has incurred two violations of Coat Rule 3.02.4(2)(b)(v)(C). <br />3. Powderhorn shall continua to timely meat its reclamation obligations ea set forth <br />in Permit No. G1981-041. <br />4. Powderhorn stall submit to the Division a monthly progross report on the <br />bankruptcy reorgatrization pzocess, and the Division shall report on such progress W the Board <br />monthly. <br />5. Powderhorn shall work with the Division and/or the Division's legal counsel from <br />the Office of the Attorney General in the bertlauptcy court and the future t+eoxganizatioa to <br />address the State of Colorado's concerns for reclamation liability at the site. <br />6. See below <br />7. <br />Dated this _ day of June; 2001 <br />COLORADO MINED LA1,vD RECLAMA'1'lON BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />FOR Tl~ BOARD: <br />BY: <br />BARRY JAVERNICK„ Chairman <br />6. In the event Powderhorn files a petition for judicial review of this Order <br />containing findings of fact and conclusions of law, the Board will agree to stipulate <br />to a stay of the judicial proceeding pending the outcome of Powderhorn's bankruptcy <br />proceeding. <br />7. Absent specific authorization by the Board, and upon <br />the parties, the Division shall not seek penalties or bond <br />issue a cessation order based on NOV 2000-010 or 2001-005, <br />listing of Powderhorn, its related companies or officers, <br />System ("AVS") absent a significant failure of Powderhorn <br />Reclamation Plan. <br />3 <br />five days notice to <br />forfeiture, shall not <br />and shall not pursueathe <br />~n the Applicant Violator <br />to comply with its <br />cn•~ nc.cr rn r imr 7rcoo004Cf1C~xeJ <br />