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DISTRICT COURT, PITKIN COUNTY, COLORADO <br />Case No. 93CV201 <br />AMENDED COMPLAINT <br />DIVISION OF MINERALS AND GEOLOGY, DEPARTMENT <br />OF NATURAL RESOURCES, STATE OF COLORADO, <br />Plaintiff, <br />v . <br />JOHN A. REEVES; ROBERT DELANEY; <br />DIANE DELANEY; AND MID - CONTINENT MINERALS CORPORATION <br />Defendants. <br />The Division of Minerals and Geology of the Department of <br />Natural Resources of the State of Colorado ( "the Division "), by <br />and through the Attorney General for the State of Colorado, <br />hereby complains against the defendants as follows: <br />1. Mid - Continent Resources, Inc. ( "Resources "), a Delaware <br />corporation, operated a coal mine known as the Coal Basin Mine in <br />Pitkin and Gunnison Counties. Resources is a wholly owned sub- <br />sidiary of Mid - Continent Minerals Corporation ( "Minerals "). <br />2. Coal mining operations at the Coal Basin Mine were cov- <br />ered by a mining and reclamation permit, permit number C -81 -017, <br />issued to Resources by the Division in 1983. The operation was <br />subject to the provisions of the Colorado Surface Coal Mining <br />Reclamation Act ( "CSCMRA "), §§ 34 -33 -101 through 137 <br />(1984 & 1993 Supp.), and regulations promulgated thereunder. <br />3. Pursuant to § 34 -33 -113, C.R.S. (1984 & 1993 <br />Supp.), an operator must provide the Division with a performance <br />bond to ensure reclamation. In 1984, Resources provided the Di- <br />vision with such a bond in the form of a deed of trust encumber- <br />ing certain property in Garfield County. The performance bond <br />was personally obtained by John A. Reeves who signed the deed of <br />trust as president of Resources. The deed of trust was subse- <br />quently released by the Division in May 1989 after the deed of <br />