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45. As a result of the foregoing, Powderhorn can not be determined to be in violation <br />of 2 C.C.R. 407-2, Rule 3.02.4(2)(b) of the regulations. <br />COUNT IV (Mined Land Reclamation Board) <br />The State of Colorado is Without Authority to Issue an NOV to Powderhorn Based on an <br />Alleeed Failure to Adequately Bond Federal Lands <br />46. Powderhorn repeats and realleges each preceding paragraph as if specifically <br />stated herein. <br />47. The Board identifies 2 C.C.R. 407-2, Rule 3.02.4(2)(b)(v)(C) as authority for <br />NOV 2000-010 pertaining to federal lands. <br />48. This provision does not establish a right in the State or the Board [o bring an <br />enforcement action under state law for an alleged failure of the Frontier Bond for federal lands. <br />49. As a result of the foregoing, Powderhorn can not be determined to be in violation <br />of 2 C.C.R. 407-2, Rule 3.02.4(2)(b)(v)(C) of the regulations. <br />PRAYER FOR RELIEF <br />WHEREFORE, based on the foregoing, Powderhorn respectfully requests that this Court <br />find that: <br />The Board issued NOV 2000-010 in violation of its authority. <br />2. There is no basis in the record for the issuance of NOV 2000-O10 by the Board. <br />3. The Boazd issued NOV 2001-005 in violation of its authority. <br />4. There is no basis in the record for the issuance of NOV 2001-005 by the Boazd. <br />5. NOV 2000-010 and 2001-005 were improvidently issued and aze hereby declared <br />void by this Court. <br />6. The June 14, 2001 Order of the Board was improperly issued and is hereby <br />declared void by this Court. <br />7. Powderhorn has not failed to abate NOV 2000-010. <br />8. Powderhorn has not failed to abate NOV 2001-005. <br />9. Vacate and/or modify the Board's findings and orders in accordance with this <br />Court's findings, pursuant to C.R.S. § 34-33-128(2). <br />6 <br />