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N <br /> In connection with the revocation of Resources ' operating <br /> permit, the Division ordered Resources to complete reclamation of <br /> the site according to the agreement. The Division issued new <br /> notices of violation in 1993 based on Resources ' failure to meet <br /> the deadlines and ordered the forfeiture of the reclamation bond, <br /> The Division later vacated these notices of violation in light of <br /> Resources' assertion that reclamation was proceeding as quickly <br /> as circumstances would allow. <br /> The bankruptcy court later approved Resources' liquidation <br /> plan, which called for most of the liquidation proceeds to be <br /> paid to the Division to cover reclamation costs up to $3 million, <br /> the amount of the Division's claim in the bankruptcy. The <br /> Division then took over reclamation of the site and requested <br /> bids pursuant to state procurement requirements. <br /> The Division tiled this action in September 1993, while the <br /> notices of violation were still pending and before the approval <br /> of the bankruptcy plan. In the complaint, the Division sought an <br /> injunction, pursuant to S34-33-123 (12) , C.R.S. (1995 Repl. Vol. <br /> 14) , requiring defendants, as agents of Resources, to complete <br /> reclamation of the mine and bring the site into compliance with <br /> all Division orders and regulations. In the alternative, the <br /> Division sought an award of damages in the amount needed to pay <br /> for reclamation of the site. <br /> Defendants moved for a summary judgment determining that <br /> they were not in violation of any Division orders, that the <br /> Division's takeover of the reclamation process mooted its request <br /> 2 <br /> GO/Sold S££# b£:ST ZZ-101L661 8SS£ 998 £o£ oEs sEoanos�a -idanldN: W08A <br />