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FROM :AGO NAT. RES. SECTION TO 303 860 7233 1993•OS--20 10:38 #SS3 P.04/10 <br /> Yit.Ir.e� f . 1 r• wwr J '�. ywi\i. �e. 'S': — _ 9~ ' <br /> . •S i•z•Lim�►.•b:'': <br /> �7 <br /> Y <br /> pended or revoked. Resources requested a hearing before the. <br /> Mined Land Reclamation Board ( "Board") on the matter. In early <br /> 1991, while the matter was still pending, Resources ceased alining <br /> operations at the Coal Basin Mine and announced an intent to <br /> offer the mine for sale. Resources stated that it did not intend <br /> to continue mining operations at the site, and has not conducted <br /> such operations since that time. <br /> 12. On May 22, 1991, Resources and the Division entered <br /> into 'a settlement agreement concerning the order to show cause. <br /> The settlement agreement provided Resources with an opportunity <br /> to sell the-mine, and specified a schedule for reclamation of the <br /> site if such sale did not occur. The settlement agreement was <br /> incorporated into an -administrative order entered by the Board on <br /> May 22,, 1991. <br /> 13. Resources did not sell the Coal Basin Line and, in <br /> February 1992, Resources filed a. petition in the United States <br /> Bankruptcy Court for the District of Colorado. Exhibit A to the <br /> petition lists total assets of $4,708,500, plus an unknown <br /> amount, and total liabilities of $54,952,510. There are few, if <br /> any, unencumbered assets in the bankrupt estate. <br /> 14. Resources and its agents have failed or refused to <br /> complete the sealing of the adit/rock tunnel; and to initiate and <br /> complete reclamation Of !dine 1, 2, 3, 4, and 5 portal areas, in- <br /> cluding portal sealing, structural demolition, backfilling and <br /> grading, revegetation, and installation of sediment controls; by <br /> October 1992 in violation of the final reclamation schedule' <br /> specified by the Board. Such violation has resulted in a condi- <br /> tion at the mine site that poses a danger to the health or safety <br /> of the public. <br /> 15. The Final Reclamation Schedule ordered by the Board <br /> specifies substantial reclamation that must be performed during <br /> the period of May to October 1993. Such reclamation, and contin- <br /> ued maintenance of the site, must be performed in order to pre- <br /> vent significant environmental harm to land and water resources. <br /> There are no longer sufficient assets remaining in Resources ' es- <br /> tate with which to perform such maintenance and reclamation. <br /> 16. Defendant Diane Delaney is identified in the 1987 <br /> renewal application as the permitting contact for Resources and <br /> has acted as the spokesperson for Resources in its dealings with <br /> the Division and the Board concerning the mining operation. On <br /> numerous occasions, defendant Diane Delaney has met or spoken <br /> with representatives of the Division about reclamation require- <br /> ments, and compliance thereof, concerning the Coal Basin Mine. <br /> -3- <br />