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Reclamation Act, 14 Colo. Rev. Stat. §§ 34-32-101 through -125 <br /> (1984 Repl. Vol.) , enforced under the Colorado Surface Mining <br /> Reclamation Act of 1979, id. §§ 34-33-101 through -137 (1984 Repl. <br /> Vol. ) , as amended. These activities are the subject matter of <br /> Permit No. C-81-017 issued by the Mined Land Reclamation Division <br /> (MLRD) of the Colorado Department of Natural Resources. <br /> MLRD-NoV C-89-003 <br /> 28. The ponds constituting Outfall No. 016 and their <br /> discharge are the subject matter of MLRD Permit No. C-81-017 (or, <br /> earlier, C-017-81) . The State of Colorado, acting through MLRD and <br /> based upon its on site inspection on January 26, 1989, on February <br /> 22 , 1989 issued MLRD Notice of Violation No. C-89-003, which <br /> charged, inter alia, Mid-Continent with a failure to maintain the <br /> Outfall No. 016 ponds so as to prevent sediment effluent <br /> discharge.41 <br /> 29. Mid-Continent was required by MLRD-NoV No. C-89-003, to <br /> institute affirmative measures to abate the alleged violation, <br /> namely, clean the Outfall No. 016 ponds in mid-winter.!' <br /> 30. On March 15, 1989, the abatement steps directed to <br /> Mid-Continent and specified by MLRD were again amended to <br /> memorialize the requirement imposed by MLRD that Mid-Continent <br /> clean the ponds of Outfall No. 016 which was completed by this <br /> date."' <br /> MLRD-NoV Civil Penalty Settlement <br /> 31. Following the issuance of MLRD-NoV No. C-89-003, a <br /> civil penalty was assessed. This assessment was conferenced, and <br /> the MLRD conference officer made pertinent findings of fact <br /> addressing the subject matter. The MLRD penalty assessment was <br /> agreed to, paid by Mid-Continent and the matter concluded.21 <br /> 32. On or about January 31, 1985, MLRD and WQCD recognizing <br /> an overlap of jurisdiction entered into a Memorandum of <br /> Understanding, in three pages. Whatever the intention, the result <br /> was an ineffective attempt to eliminate duplications and potential <br /> conflicts for coal mine operators and the agencies. <br /> 33. Even before the issuance of the MLRD-NoV but with the <br /> actual knowledge under the direction of representatives of the <br /> State of Colorado, Mid-Continent mobilized an independent <br /> contractor to de-winterize and start up its dragline, cleared the <br /> roadway of 7� to 8 feet of snow into the Outfall No. 016 ponds, <br /> moved the dragline in and began cleaning the Outfall No. 016 ponds <br /> with the dragline and trucks. This mobilization, move in, and <br /> clean-up activity began February 3 and continued until March 10, <br /> 1989. These unseasonal activities caused unnatural disturbances, <br /> Mid-Continent Resources, Inc. <br /> Complaint - 6 - <br />