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FRO: -.. :V430 NP7. PIES. SECTION Tt7 3e3 660 7233 15S3.0S-2e 10.3e #SE3 F.03/10 <br /> •:�.. - 'y.., .r.. l~J':"•'.. qa .i 1.' -.� �L •:+., 1. <br /> by the performance bond (also secured by a deed of trust) filed <br /> in 1988. <br /> 4. Permits issued pursuant to CSCYaA are for a specified <br /> term and must be renewed periodically if operations are to be <br /> continued, section 34-33-109(5) & (7) , C.R.S. (1984) . <br /> 5. An application to renew the permit was filed .on or <br /> about December 1, 1987. The application was signed by Robert <br /> Delaney. Item number 5 of the application identified both Mid- <br /> Continent Resources, Inc. and Robert Delaney- as the <br /> "applicant/operat'br". The application also identified Robert <br /> Delaney as the resident agent, officer, and director of <br /> Resources, and a principal shareholder of Ydnerals. <br /> C. The' 1987 application again identified John A. Reeves as <br /> a director and president'-of Resources, and as a principal share- <br /> holder cf Minerals. <br /> 7. The 1987 application further identified defendant Diane <br /> Delaney as the'permitting contact for the permittee. <br /> S. The renewed permit was issued on May 31, 1988 and was <br /> Signed by Robert Delaney. <br /> 9. In 1988, Resources executed a Coal Reclamation Bond For <br /> -Use With Deed of Trust - Realty in the amount of three. million <br /> dollars, secured by a deed cf trust on a piece of industrial <br /> property in Garfield County. The deed of trust had been previ- <br /> ously recorded in 1964. Once again the performance bond was <br /> personally obtained by John A. Reeves Who executed the deed of <br /> trust. <br /> 10. The mount of the performance bond, and the estimated <br /> cost of performing reclamation as required by CSCMRA and the <br /> permit, is three million dollars. The property described in the <br /> deed of trust covered by the 1988 performance bond includes• a <br /> rock dust plant that produces limestone dust. The Coal Basin <br /> Nine used limestone dust in its coal raining operation and was the <br /> primary consumer of the limestone dust produced at the rock dust <br /> plant. The current market value of the rock dust plant is sub- <br /> stantially less than three million dollars. <br /> 11. During the course of 1989 and 1990, Division inspec- <br /> tors observed several Violations of permit requirements at the <br /> Coal Basin Mine, which violations resulted in a series of Notices <br /> Of Violation. On or about July 17, 1990, the Division issued an <br /> order to show cause why permit no. C-81-017 should not be sus- <br /> -2- <br />