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Snell & Wilmer <br />L.L.P <br />Mr. Mike Long <br />May 4, 2001 <br />Page 9 <br />As a result of the foregoing, Powderhom respectfully requests the Division of Minerals <br />and Geology rescind NOV 2001-005 as duplicative of NOV 2000-010. The only violation <br />alleged pertains to the suitability of the Frontier surety, whether the cause is based on the federal <br />or the state action is irrelevant. Failing rescission by the Board, Powderhom requests that the <br />NOV's be consolidated for administration and [hat it be granted through May 31, 2001 to abate <br />the alleged violation. Powderhom further requests the opportunity to be heard by the Board at its <br />May 2001 meeting accompanied by an indefinite stay of any enforcement proceedings until this <br />matter can be properly resolved and the Board issues an Order following the hearing, <br />recognizing the likelihood that any remedy implemented by Powderhom may require <br />Bankruptcy Court and Creditor Committee approval. Should you have any questions in the <br />interim, please do not hesitate to contact me. <br />Very truly yours, <br />Snell WiI~G~~7/ <br />Robert D. Comer <br />Denise A. Dragoo <br />cc: C. Linden, AG <br />R. Clark, AG <br />M. Held, AG <br />11376.1 <br />I O97J.1 <br />