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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 THIRD-PARTY COMPLAINT <br /> Page 6 <br /> and require compliance with state permits, see paragraph 3 of Resolution No. 86-139, but also <br /> recognizes Pitkin County's police power and require that no material or adverse changes be made <br /> to the permits without prior notice and reasonable approval of such changes by Pitkin County, <br /> paragraph 24 of Resolution No. 86-139, Resolution No. 91-21. Pitkin County has relied upon the <br /> Reclamation Plan of DMG as reflected in DMG's "Accounting." MCR is required to notify <br /> Pitkin County of changes in the Plan, and allow for County review, which has not yet occurred. <br /> 68. Approval by Pitkin County of post-mining uses of the structures is a condition <br /> precedent to any post-mining use. The property located in Pitkin County which was transferred <br /> to Mid-Con Realty, L.L.C. is zoned RS-30 P.U.D., as defined in Pitkin County Land Use Code <br /> §3-40.110, attached as Exhibit 3 and incorporated by this reference. It is unknown what uses <br /> Mid-Con Realty desires for the property, but the remaining buildings which were constructed for <br /> mining uses are nonconforming structures, and if they are not demolished as required by the <br /> Reclamation Plan, may only be used for uses permitted in the zone district in accordance with the <br /> provisions of Pitkin County Land Use Code Section 6-30. Upon information and belief, the post- <br /> mining uses may be uses permitted in the zone district only by special review, and there exists no <br /> special review approval for post-mining uses of the structures, nor is any application pending for <br /> any such approval. <br /> WHEREFORE, Pitkin County requests that MCR's Fifth Claim for Relief be denied and <br /> that Pitkin County be awarded its costs and such other relief as the Court finds appropriate. <br /> DATED this day of October, 1998. <br /> Respectfully submitted, <br /> Pitkin County Attorney's Office <br /> By: <br /> Deborah Quinn, #7685 <br /> Assistant County Attorney <br /> ATTORNEY FOR BOARD OF COUNTY <br /> COMMISSIONERS OF PITKIN COUNTY <br /> COLORADO <br /> 530 East Main Street, Suite 302 <br /> Aspen, Colorado 81611 <br /> (970) 920-5190 <br /> 6 <br />