_GENERAL DOCUMENTS - C1981017 (181)

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statute supports the defendants' argument. See §§ 34-33-123 and 124, C.R.S. (1984) . Indeed, such an argument is inconsistent with the broad relief authorized under section 34-33-123 (12) , pursuant to which this action was brought. See United States v. Dix Fork Coal Co. , supra; Rice v. Alabama Sur- face Mining Commission, 555 So.2d 1079 (Alabama Civ. App. 1989) . Moreover, contrary to the defendants' argument, it is ap- parent that because of Resources' bankruptcy, the present action is necessary; funding under the proposed liquidation plan is not guaranteed. The Division here does not seek double recovery, but merely the means to ensure that reclamation is completed: If the defendants are concerned with the potential for double recovery, this court, under the statute, can issue an appropriate order to prevent such an occurrence. C. ANY PRESENTLY PENDING ADMINISTRATIVE ACTION DOES NOT CHANGE OR AFFECT THE BOARD ORDER OF 1991 WHICH IS THE BASIS FOR THE PRESENT LAWSUIT. ACCORDINGLY, THERE IS NO CONFLICT WITH THIS COURT'S JURISDICTION TO ENTER RELIEF. The defendants argue that because of pending administrative proceedings, this court should dismiss this action. The defen- dants' argument is without merit. Any administrative proceedings pending do not change or affect the Board order of 1991, which is the basis for the present enforcement action. To address the de- fendants' claim, a summary of the administrative enforcement procedure under the Colorado Surface Coal Mining Reclamation Act, and the regulations promulgated thereunder is necessary. Under the Colorado coal statute, the Division has no choice but to issue a notice of violation upon detection of a violation. §§ 34-33-122 (6) and 123 (2) , C.R.S. (1984) . In addition, the Division is authorized to impose civil penalties upon an operator for violations of the Act. § 34-33-123 (8) , C.R.S. (1984) . The operator may request an assessment conference with an authorized representative from the Division concerning the fact of violation or the civil penalty. §34-33-123 (8) (b) , C.R. S. (1984) . If the issues are not settled at this conference, then the operator may request a hearing in front of the Board. §34-33-123 (8) (d) , C.R.S. (1984) . Any Board hearing must be held in compliance with the Administrative Procedures Act. §34-33-123 (8) (f) , C.R. S. (1984) . The statute authorizes the attorney general to file an action to collect civil penalties upon the request of the Board. §34-33-123 (8) (h) , C.R.S. (1984) . The statute also authorizes in a different subsection an action to enforce board orders, pursuant to which the present action was instituted. §34-33-123 (12) , C.R.S. (1984) . -7-