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preparation plant in Coal Basing, four miles West of the Village of Redstone, Pitkin <br />County, Colorado. Mid - Continent mined a high- grade, medium volatile, bituminous <br />metallurgical coal. Mined coal was "washed" at the Coal Basin coal preparation plant <br />to remove rock, thereby reducing the ash content of the finished coal product. The <br />finished coal product was trucked to Carbondale to MCR's unit train facility and rail <br />shipped to its steel manufacturing customers in the United States and Asia. <br />The operative facts transpired during the winter months of January and <br />February, 1989, when the treatment capability of MCR's Outfall No. 016 ponds was <br />adversely affected by heavy snowfall, severe freezing temperatures, snow removal and <br />snow melt, avalanche, and MLRD mandated dragline operations. The discharge <br />violation in both agencies' proceedings was caused by these conditions. -. <br />WQCD & MLRD PERMITS <br />MCR's Coal Basin mining operation was subject to two permits issued by the <br />State of Colorado. One, CDH Discharge Permit No. CO- 0000396, was issued pursuant <br />g Coal Basin is in the Elk Mountain Range. MCR's district office, coal preparation <br />plant and NOAA/NWS weather reporting station were at an elevation of +8,000 ft. msl. The <br />mine portals were at elevations in excess of 10,000 ft. msl. All of the Coal Basin features <br />pertinent to this proceeding are illustrated on the sketch, Brief Exhibit -1, attached to this <br />brief. Brief Exhibit -1 is a plan view, flat -line illustrative sketch taken from Mid- Continent <br />Exhibit 14 -A received in evidence. It depicts the principal features involved in this proceeding <br />and their relationship each to the other. <br />4 Mid- Continent shutdown its mining operations January 25, 1991. It filed a <br />bankruptcy proceeding under Chapter 11 of the Federal Bankruptcy Code February 12, 1992, <br />docketed as Action No. 92- PAC -11658 in the United States Bankruptcy Court for the District <br />of Colorado. While the original bankruptcy proceeding was filed under Chapter 11, Mid - <br />Continent is presently liquidating its assets to reclaim the site and pay something to creditors. <br />5 The WQCD Permit and its several amendments appear in the record as MCR <br />Exhibits Nos. 5 -A through 5 -F, Record 00414 - 00577. <br />Mid - Continent Answer Brief <br />4 Appeal No. 93 CA 297 <br />