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L.O't 7/ U/n G <br /> G e7<s G� s <br /> DISTRICT COURT, PITKIN COUNTY, STATE OF COLORADO <br /> Civil Action No . 91 CV 177 <br /> MID-CONTINENT RESOURCES , INC. , Ffl Wa�eq:Corporation, <br /> Plaintiff <br /> VS . NOV 6 1992 <br /> THOMAS P . LOOBY, Director of Heal Ph,,::)&, •Environmental Protection, <br /> Colorado Department of Health; �,Agpi,,MADMINISTRATION, COLORADO <br /> DEPARTMENT OF HEALTH; WATER Tly <br /> ALITY CONTROL DIVISION, COLORADO <br /> DEPARTMENT OF HEALTH; DEPARTMENT OF HEALTH, STATE OF COLORADO, an <br /> agency of the State of Colorado <br /> Defendants <br /> This matter came before the Court on the Complaint of the <br /> Plaintiff , Mid-Continent Resources , Inc . ("MCR") for review under <br /> Rule 106(a) ( 4 ) , C . R. C . P . of an order issued by an administrative <br /> agency . The Court has considered the pleadings , briefs , and <br /> responses and other materials in the file relating to the Motion. <br /> Bated thereon the Court issues the following Order . <br /> I . BASIC FINDINGS OF FACT <br /> 1 . MCR operates a coal mining facility located about 4 . 5 miles <br /> west of Redstone in Pitkin County, Colorado, which includes the <br /> Dutch Creek Mine. <br /> 2 . Part of MCR' s operations are three sediment ponds , which form <br /> "Outfall No . 016" . <br /> 3 . MCR' s operations are subject to a variety of governmental <br /> regulations , and two kinds of those regulations form the basis of <br /> this proceeding . MCR' s operations result in the discharge of <br /> polluting substances into the state stream system, first into Coal <br />