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The record in this case consists primarily of pleadings <br /> submitted to the trial court. Although oral argument was held on <br /> motions, no evidentiary hearing was conducted. Consequently, the <br /> recitation of facts is based on the pleadings filed by the <br /> parties in this case. <br /> The transcript of the hearing held on March 27, 1995, will <br /> be referred to as volume three. Otherwise, the volumes of record <br /> will be referred to by the volume number denoted thereon. Please <br /> note that some of the pleadings appear more than once in the <br /> record and that certain pages of the pleadings and exhibits are <br /> not in consecutive order. <br /> STATEMENT OF THE CASE AND FACTS <br /> Mid-Continent Resources ( "MCR" ) operated a coal mine covered <br /> by a permit issued by the plaintiff in 1983 (v. 1, pp. 8 , 16) . <br /> The permit was subject to the requirements of the Colorado <br /> Surface Coal Mining Reclamation Act, section 34-33-101, C.R.S . <br /> et . sea. (v. 1, pp. 8, 16) . The bond to ensure that reclamation <br /> would be accomplished consisted of a deed of trust to a rockdust <br /> plant (v. 1, pp. 8-9 , 16) . The estimated cost of reclamation was <br /> $3 million (v. 1, p. 9) . <br /> In 1989 and 1990, the plaintiff issued numerous notices of <br /> violation against MCR and, thereafter, issued an order to show <br /> cause why MCR' s permit should not be revoked based on a pattern <br /> of violations (v. 1, pp. 9 - 10 , 17- 18) . <br /> 2 <br />