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transact insurance business in the state of Colorado. The suspension states that Frontier <br />failed to timely file its annual report and that Frontier no longer meets the statutory criteria <br />for licensure. The abatement deadline for this NOV was May 14, 2001. On May 15, 2001, <br />the Division issued a cessation order for, among other things, Powderhom's failure to abate <br />the April NOV. <br />The following brief responds to the arguments set forth in Powderhorn's first Petition <br />for a Fortnal Hearing regarding NOV 2000-010 (December NOV), although the subsequent <br />suspension of Powderhorn's license to do business in Colorado reflects on this NOV. The <br />Division will respond separately to Powderhom's second Petition for a Formal Hearing <br />concerning NOV 2001-005 (April NOV). <br />Introductory Note <br />The Colorado General Assembly, by enacting the coal statute, has created a <br />regulatory system in which an entity is allowed to conduct a mining operation if it complies <br />with regulatory requirements. One of the most important regulatory requirements is <br />providing adequate financial assurance that the operator will conduct and complete <br />reclamation of the mine site. By requiring an operator to not only promise to reclaim what it <br />disturbs but to also post a bond to ensure reclamation, the legislature has placed the burden <br />on the operator to ensure that reclamation is conducted. By these requirements, the <br />legislature has made a policy decision that the operator, and not the taxpayers of Colorado, <br />bear the cost of reclaiming a mine site. <br />