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2. Plaintiffs JoEllen Turner and Michael Morgan are natural persons domiciled in <br />Montrose County, Colorado. Ms. Turner and Mr. Morgan live on or adjacent to the Premises, and <br />farm the Premises pursuant to agreements with the Morgans. <br />3. Defendant Western Fuels Colorado, LLC ("WFC") is a Colorado limited liability <br />company and the operator and permittee of the New Horizon 2 Mine, a surface coal mine situated in <br />Montrose County, Colorado. Portions of the New Horizon 2 Mine include the Premises owned by <br />the Morgans. <br />4. Defendant Colorado Department of Natural Resources, Division of Reclamation, <br />Mining & Safety ("DBMS"), is an agency of the State of Colorado which is joined in this action as a <br />necessary party, and because the parties intend that this action be consolidated with case No. 2010 <br />CV 548, which is an appeal of administrative action which shares many of the same facts and <br />circumstances with this action. DRMS maybe a necessary party as provided under C.R.S. § 34-33- <br />135(2.5) to the extent that this Court issues injunctive relief affecting matters within the agency's <br />jurisdiction. <br />5. This action concerns a surface mining lease to be performed in Montrose County <br />and violations of the Colorado Surface Coal Mining and Reclamation Act, C.R.S. § 34-33-101, <br />et seq. (the "Act), each of which occurred in Montrose County. Venue is proper pursuant to <br />C.R.C.P. 98(c)(2) and C.R.S. § 34-33-135(6). <br />6. This Court has personal jurisdiction over the parties by virtue of their presence <br />and transaction of business in the State of Colorado. This Court has subject matter jurisdiction <br />as provided by Article VI, § 9 of the Colorado Constitution. <br />7. Plaintiffs JoEllen Turner and Michael Morgan have standing to bring, this action <br />by virtue of their ownership of property, leasehold interests, and domicile adjacent to the permit <br />area of the New Horizon 2 Mine, and as a direct physical impact of mining operations by WFC <br />on the Premises which have or will adversely affect their farming operations and livelihood. <br />8. By written notice dated March 10, 2010 Plaintiffs notified Defendants of their <br />intent to sue for violations under the Act, as required by C.R.S. § 34-33-135(1)(b). All <br />conditions precedent to brining this action have been satisfied. <br />II. GENERAL ALLEGATIONS <br />9. On or about September 10, 1998 the Morgans entered into a Coal Mining Lease <br />with WFC, a true and correct copy of which is attached as Exhibit B ("Lease"). <br />10. WFC operates upon the Premises pursuant to the terms of the Lease and <br />2