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entered December 7, 2012, and Order on Post -Trial Matters, entered on March 4, <br />2013 in Case 2010 -CV -367, attached hereto as Exhibits A and B.3 <br />II. STATEMENT OF FACTS <br />1. Since 1993, Western Fuels - Colorado has operated the New Horizon <br />surface coal mine in Nucla, Colorado, which provides the coal to fuel the Nucla <br />Station electrical generating facility. R. 7302, 7313:14 -17. <br />2. The federal Surface Mining Control and Reclamation Act provides for <br />states to establish their own state programs to regulate coal mining within the state. <br />30 U.S.C. § 1253(a) (states may "assume exclusive jurisdiction over the regulation <br />of surface coal mining and reclamation operations "); Bragg v. West Virginia Coal <br />Assn., 248 F.3d 275, 288 (0 Cir. 2000). Because the federal government has <br />approved Colorado's Coal Program, Colorado is a primacy state and the Colorado <br />Mined Land Reclamation Board (the "Board" or "MLRB ") and its staff agency, the <br />Colorado Division of Reclamation Mining and Safety ( "DRMS ") have exclusive <br />jurisdiction to regulate coal mining in Colorado. Bragg, 248 F.3d at 288; Molinary <br />v. Powell Mt. Coal Co., Inc., 125 F.3d 231, 234 (4th Cir. 1997). Under the <br />3 For the purpose of understanding the posture of the case the Court may take judicial <br />notice of orders in related litigation. Bristol Bay Productions, LLC v. Lampack, 2011 Colo. App. <br />LEXIS 1940 at p. 12, cent. granted October 22, 2012. <br />{00145923.2 } 4 <br />