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Part I <br /> Parties <br /> 1. Plaintiff is a Delaware corporation authorized and doing <br /> business in the State of Colorado. <br /> 2 . Defendant Thomas P. Looby is an official of the Colorado <br /> Department of Health who acting for the Department of Health <br /> appointed the hearing officer in the administrative proceeding <br /> below. He executed, for the Department of Health, the Order <br /> Affirming Hearing Officer's Decision, dated April 16, 1991. <br /> 3 . The administrative proceedings below were commenced <br /> before the Division of Administration, Department of Health of the <br /> State of Colorado. <br /> 4 . The administrative proceedings below were commenced by <br /> the Water Quality Control Division (WQCD) , Department of Health of <br /> the State of Colorado. <br /> 5. The Department of Health of the State of Colorado is an <br /> agency created by the general assembly of the State of Colorado. <br /> Part II <br /> Court's Jurisdiction <br /> 6. In January and February, 1989, Mid-Continent operated an <br /> underground coal mine and coal preparation plant in Coal Basin, <br /> approximately four miles West of the Village of Redstone, Pitkin <br /> County, Colorado. <br /> 7 . The events central to the administrative proceeding for <br /> which review is sought relate to alleged defalcations by Mid- <br /> Continent concerning three sediment ponds constituting Outfall No. <br /> 016, situate in Coal Basin, during January and February, 1989. <br /> 8 . These ponds are operated pursuant to Discharge Permit <br /> No. CO-0000396 issued by the Colorado Department of Health to Mid- <br /> Continent pursuant to the Colorado Water Quality Control Act, id. <br /> §§ 25-8-101 through -701, and pursuant to Mining Permit - Coal, No. <br /> C-017-81, issued by the Mined Land Reclamation Division, Colorado <br /> Department of Natural Resources, pursuant to the Colorado Mined <br /> Land Reclamation Act, 14 Colo. Rev. Stat. §§ 34-32-101 through -125 <br /> (1984 Repl. Vol. ) , enforced under the Colorado .Surface Coal Mining <br /> Reclamation Act, id. §§ 34-33-101 through -137 . <br /> 9. The alleged defalcations were the subject matter a <br /> Notice of Violation (sometimes hereinafter "NoV") , as twice <br /> amended, issued by WQCD (sometimes the "WQCD-NoV") , described <br /> hereinafter in paragraphs 17 through 20. The WQCD-NoV became the <br /> subject matter of an administrative contest proceeding thereof <br /> Mid-Continent Resources, Inc. <br /> Complaint - 2 - <br />