ENFORCE30506

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 3/14/2001
• Doc Name: Request for Temporary Relief & Stay of Enforcement
• From: Snell & Wilmer
• To: MLRB
• Violation No.: CV2000010
• Media Type: D
• Archive: No

Snell &Wilmer
L.L.E
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1200 Seventeenth Street, Suite 1950
Tabor Center
Denver Colorado 80202
[phone]
Fax: [phone]
Roberr D. Comer [phone]
Internet: rcomet®swlaw.com
March 14, 2001
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RECEIVED
To: Mined Land Reclamation Board MAR 1 4 2D01
1313 Sherman Street, Suite 215
Denver, CO 80203 Division of Minerals and Gealagy
Powderhom Coal Company
REQUEST FOR TEMPORARY RELIEF and STAY OF ENFORCEMENT
From Notice of Violation No. CV-2000-010
Comes Now, Powderhom Coal Company ("Powderhom"), by and through its attorneys,
Snell & Wilmer, LLP, and requests the Mined Land Reclamation Board (the "Board") to grant it
Temporary Relief and a Stay from further enforcement of Notice of Violation No. CV-2000-010
in accordance with C.R.S. §34-33-124. Powderhom requests this Relief and Stay from the date
ofthe NOV until such reasonable time after final judicial resolution such that compliance with
any court order can be achieved, recognizing the potential requirement for approval by the
Bankruptcy Court. Powderhom further requests that this temporary relief be expeditiously
granted by the Board.
The Board may grant temporary relief, provided there is an informal hearing in the
locality, a substantial likelihood of a favorable finding on behalf of Powderhom, and such relief
will not adversely affect public health or safety or cause significant imminent harm to resources
or the environment. The grant of a stay of further enforcement action is in the sound discretion
of the Board.
In support thereof, Powderhom makes the following factual recitations:
1. Quaker Coal Co. acquired the Powderhom Mines in 1997.
2. Powderhom is a debtor in possession, whose case is administered with that of its parent
Quaker Coal Company.
3. Powderhom has operated the mines in full compliance with its permit and the rules and
regulations of the Board.
4. In a letter dated December 13, 1999, the Division of Minerals and Geology ("DMG") was
informed that mining had ceased at the Powderhom Mines.
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