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• DrSTR RT PITKIN COUNTY STATE OF COLORADO <br /> ICT COU , <br /> Civil Action No. 91 CV 177 <br /> MID-CONTINENT RESOURCES, INC. , F E!e1q'f4are'Ccrporation, <br /> Plaintiff ✓ ` ' <br /> VS . 1992 <br /> THOMAS P. LOOBY, Director of Heal th;.-::•Environmental Protection, <br /> Colorado Department of Health; NISTRATION, COLORADO <br /> DEPARTMENT OF HEALTH; WATER QUALITY CONTROL DIVISION, COLORADO <br /> DEPARTMENT OF HEALTH; DEPARTMENT OF HEALTH, STATE OF COLORADO, an <br /> agency of the State of Colorado <br /> Defendants <br /> This matter came before the Court on the Complaint of the <br /> Plaintiff , Mid-Continent Resources , Inc. ("MCR") for review under <br /> Rule 106(a) ( 4) , C .R.C.P . of an order issued by an administrative <br /> agency. The Court has considered the pleadings , briefs , and <br /> responses and other materials in the file relating to the Motion. <br /> BaEed thereon the Court issues the following Order . <br /> I . BASIC FINDINGS OF FACT <br /> 1 . MCR operates a coal mining facility located about 4 . 5 miles <br /> west of Redstone in Pitkin County, Colorado , which includes the <br /> Dutch Creek Mine. <br /> 2 . Part of MCR' s operations are three sediment ponds , which form <br /> "Outfall No . 016" . <br /> 3 . MCR' s operations are subject to a variety of governmental <br /> regulations , and two kinds of those regulations form the basis of <br /> this proceeding . MCR's operations result in the discharge of <br /> polluting substances into the state stream system, first into Coal <br />