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X25. in recognition of the bon,li.ng power given to the Colorado Mined Lnnd Reclamation Board, Pitkin County hereby withdraws its performance bornl requirement. (towever, Pitkin County reserves the right to rcinstalc a hooding requirement in the future iE the Board detcr.mines that the MLRB is not performing its regulatory functions in a manner w}iich adequately protects public and environmental health and safety. 26. Non-Compliance - Public Rearing - a. In the event that the IIoard determines that probable cause er.ists that Snowmass Coal is not acting in substantial compliance herewith, the Board may issue and serve upon Snowmass Coal a written order which shall specify the nature of the alleged non-compliance, and such order shall require Snowmass Coal to cease and desist from such non-compliance within such reasonable time as the Board may determine, .Within seven days after tl~e receipt of such order, Snowmass Coal may file with the Board either a notice advising the Board that Snowmass Coal is now in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (i) Whether the a11egF.d non-compliance exists or did exist; or (ii) Whether a variance or extension of time should be granted with respect to any such non-compliance which is determined tc, exist. Upon the receipt of such a petition, the Board shall promptly schedule a public hearing at a reasonable time and place to consider the matters set forth in the cease and desist order and in the petition. 'Phe hearing shall be convened and conducted pursuant to the prccedur~s normally established by the IIoard for other public hearings. The burden of going forward with the evidence as to the existence of compliance shall be upon Snowmass Coal;'and Snowmass Coal shall bear the burden of going forward with the evidence and the burden of proof relating to the reasonableness of requests for extensions of time and variance. If ti;e Board determines by preponderance of the evidence that non-compliance exists that has not been remedied, it ma,~ issue such orders as may be appropriate under the circumstances; provided, however, no ether terminating the permit shall enter without the Board's finding substantial evidence warranting that action. The Board may stay itc order pending further review at the instance of Snokr+ass Coal. If it does not so star its order, the order shall be effective upon delivery to Snowmass Coal, which may, of coitrsc, seek a judicial stay, i1 final determination of material non-compliance which has not been remedied or roc which no variance has been granted shall at the option of the Board terminate this permit and Snowmass Coal shall he required to discontinue its operations hereunder witY.in such reasonable time thereafter as the IIoard may determine. b. On or before October 1, 196, of each year Snowmass Coal and the IIoard shall select a date for a puh!.ic hearing and public notice thercoL, at which hearing the Board shall review Snowmass Coal's operations on or relating to the Lands and shc,ll give the public an opportunity to comment thereon. nt the conclusion of such hearing, the Board shall determine whether Snowmass Coal has substantially complied with the term:, of this permit, and, if it has not, the Board ma }• is~uc a cea~c and deist order and otherwise follo:: Chc pr.ocedut:cs :.c t= fortb i.n +;aragr.aph 27(al hereof. The Board ha. Chc cigltC Co waive the holding of the annua+ hearing u~,on ]prior notice to Snwwmass Coal and to any known inter.est~cl p,rt;,•s. _ ~, _