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30. Minerals was responsible for protecting society and <br />the environment from the adverse effects of the mining operation. <br />31. At all times relevant herein, Minerals was an agent of <br />Resources for purposes of § 34 -33- 123(12), C.R.S. (1984 & <br />1993 Supp.). <br />32. The defendants, all agents of Resources, have vio- <br />lated, or failed or refused to comply with, an order or decision <br />issued by the Board or Division under CSCMRA. <br />33. Pursuant to § 34 -33- 123(12), C.R.S. (1984 & 1993 <br />Supp.), the district court may issue an order requiring an agent <br />to perform reclamation and comply with the orders and decisions <br />of the Board and Division. <br />RELIEF REQUESTED <br />34. Pursuant to § 34 -33- 123(12), C.R.S. (1984 & 1993 <br />Supp.), the Division respectfully requests this Court to enter an <br />injunction ordering: <br />a. John A. Reeves to immediately complete the seal- <br />ing of the adit /rock tunnel; immediately reclaim Mine <br />1, 2, 3, 4, and 5 portal areas, including portal <br />sealing, structural demolition, backfilling and grad- <br />ing, revegetation, and installation of sediment con- <br />trols; complete reclamation of the Coal Basin Mine <br />pursuant to the reclamation plan, the provisions of <br />CSCMRA, the regulations promulgated thereunder, and <br />the Final Reclamation Schedule specified in the Board <br />order dated May 22, 1991; maintain the site in com- <br />pliance with all applicable statutory, regulatory, <br />and permit requirements; and abate any violation of <br />such requirements. <br />b. Robert Delaney to immediately complete the seal- <br />ing of the adit /rock tunnel; immediately reclaim Mine <br />1, 2, 3, 4, and 5 portal areas, including portal <br />sealing, structural demolition, backfilling and grad- <br />ing, revegetation, and installation of sediment con- <br />trols; complete reclamation of the Coal Basin Mine <br />pursuant to the reclamation plan, the provisions of <br />CSCMRA, the regulations promulgated thereunder, and <br />the Final Reclamation Schedule specified in the Board <br />order dated May 22, 1991; maintain the site in com- <br />pliance with all applicable statutory, regulatory, <br />and permit requirements; and abate any violation of <br />-5- <br />