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INTRODUCTION <br />GENERAL ALLEGATIONS <br />1. Plaintiffs are the co -trustees of the Fontanari Family Revocable Trust <br />("Fontanari"), with offices of said trust being located at 3316 E 3/4 Road, Clifton, CO 81520. <br />2. Defendant MLRB is a subsidiary of the Colorado Department of Natural <br />Resources, with offices in Denver, Colorado. MLRB is charged with regulatory oversight of, <br />inter alia, underground coal mining operations and the reclamation thereof. <br />3. Defendant DRMS is a subsidiary of MLRB, with offices in Denver, Colorado. <br />DRMS. DRMS was a party to the Application for Technical Revision No. TR -69 ("TR -69"). <br />4. Defendant Snowcap Coal Company, Inc., ("Snowcap") is a Delaware corporation <br />with principal offices located at 1 Riverside Plaza, Columbus, OH 43215. At all times relevant <br />hereto, Snowcap was and remains the holder of Colorado Coal Permit C-1981-041 as issued by <br />the Colorado Mined Land Reclamation Board. Defendant Snowcap was the applicant for TR -69 <br />and a party to that proceeding. <br />5. Defendant Jason Carey is the owner of a tract of land abutting and adjacent to <br />lands owned by Fontanari. Jason Carey is a resident of Carbondale, CO, and was a party to the <br />TR -69 proceeding before the MLRB. <br />6. Jurisdiction of this court is based upon C.R.S. §34-33-128, providing for judicial <br />review of MLRB decisions and C.R.S. §24-4-106 of the Colorado Administrative Procedures <br />Act, also relating to judicial review of MLRB decisions. <br />7. Venue of this action is proper under C.R.S. §34-33-128, requiring judicial review <br />in the county in which the mining activity under TR -69 is to be performed: to wit, Mesa County, <br />Colorado. <br />SPECIFIC ALLEGATIONS <br />8. As relevant to this proceeding, Plaintiff Fontanari is the owner of Mesa County <br />Assessor Parcel No. 2709-353-00-071 ("Tract #71") consisting of 71.08 acres situated in Sec. <br />34-35, T10S R98W, 6th PM in Mesa County, Colorado. <br />9. As relevant to this proceeding, Defendant Carey is the owner of Mesa County <br />Assessor Parcel No. 2709-343-00-062 ("Carey Tract") consisting of 27.2 acres situated in Sec. <br />34, T10S R98W, Mesa Count, Colorado. <br />6. As relevant to this proceeding, there is a coal mine underneath Tract #71 and the <br />Carey Tract, known as the South Portal Mine a/k/a Roadside Mine ("South Portal Mine"). The <br />South Portal Mine has been active since before 1978. Between 1981 and 2000 the mine was <br />operated by Powderhorn Coal Company who sold the mine in 2001 to Defendant Snowcap. <br />2 <br />