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District Court, County Of Pitkin, State Of Colorado <br /> Case No. 97 CV 13 1-1 <br /> PITKIN COUNTY'S ANSWER TO AMENDED TBIRD-PARTY COMPLAINT <br /> Page 4 <br /> FIFTH CLAIM FOR RELIEF <br /> (Injunction) <br /> 46. Pitkin County incorporates all of its previous responses in this Answer as if set forth <br /> in full. <br /> 47. Pitkin County is without knowledge or information sufficient to form a belief as to <br /> the truth of the allegations of paragraph 47 of the Amended Third-Party Complaint. <br /> 48. Pitkin County admits that at the present time the Reclamation Plan requires <br /> demolition of the lamp house, power lines, a metal building near the former preparation plant, <br /> access roadways, a water tank, and some culverts, all as specified in the Division of Mineral and <br /> Geology's Accounting of Reclamation Costs for the Coal Basin Mine Site dated January 22, <br /> 1998 ("Accounting") and previously filed in this action. Pitkin County further states that some <br /> of these improvements are on public property owned by the United States of America, and except <br /> as so stated denies the allegations of paragraph 48. <br /> 49. Pitkin County lacks information or knowledge sufficient to form a belief as to the <br /> truth of the allegations of paragraph 49. <br /> 50-53. Pitkin County denies the allegations of paragraphs 50-53. <br /> SIXTH CLAIM FOR RELIEF <br /> (Declaratory Judgment) <br /> 54-58. Pitkin County has no position with respect to this claim for declaratory judgment <br /> relief between Defendants and DMG, but to the extent that any response is required, Pitkin <br /> County incorporates by this reference paragraphs 54-58 of DMG's Answer. <br /> 59. Except as otherwise specifically admitted herein, Pitkin County denies each and <br /> every allegation of the Amended Third-Party Complaint. <br /> 4 <br />