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08/07/2001 15:04 FA% 303 834 2020 <br /> <br />SHELL & WILAIER f~J008 <br />ORDER <br />l3esed on the above Endings of fact and conclusions of law. rho Board ORDERS that: <br />1. The Division's issuance ofNOV Nos. CV-2000-010 and C'V-2001-005 is upheld. <br />2. Powderirom has incurred two violations of Coal Rule 3.02.4(2)(b)(v)(C). <br />3. Powderhorn shall continue to timely meet its reclamation obligations es set forth <br />in Permit No. G19g1-041. <br />4. Powderhom shall submit to the Division a monWly progta9s report on the <br />bankmrptcy reorganization process, and the Division shall report on such progress to the Board <br />momhly. <br />5. Powdorhom shalt work with the Division and/or ttw Division's legal counsel from <br />the 06ce of the Attorney General is the bankmrptcy court and the future reorganzation to <br />addrems the State of Colorado's concerns for reclamatiem liability at the site. <br />6. ~ See below <br />7. <br />Dated this _ day of Janet 2001 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATCJRAL RESOURCES <br />FOIL TH8130ARD: <br />BY: <br />HARRY JAVEItNICK, Chair',ao~aa <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 five days notice to <br />the parties, the Division shall not seek penalties or bond forfeiture, shall not <br />issue a cessation order based on NOV 2000-010 or 2001-005, and shall not puraue::the <br />listing of Powderhorn, its related companies or officers, on the Applicant Violator ,, <br />System ("AVS") absent a significant failure of Powderhorn to comply with its <br />Reclamation Plan. <br />3 <br />.-n • ~ rr. cr rn • i mr ~rco~^ooocnc~ Xe~ <br />