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11/09/98 17:37 FAX 3037962777 BURNS FIGA & WILL Z 006/031 <br /> revegetation. Here, the issue is whether the reclamation plan approved by the bank uptcy court <br /> called for such steep slope revegetation and whether the techniques employed by the State are <br /> beneficial or simply a waste of bankruptcy funds- <br /> Third-party plaintiffs' Third Claim for Relief is for breach of contract for revegetating certain <br /> roads within Coal Basin more than once. Again, the question is whether DMG has complied with <br /> the reclamation plan approved by the bankruptcy court and whether DMG is squandering money- <br /> Finally, the Fourth Claim for Relief is breach of duty of good faith and fair dealing generally <br /> questioning DMG's use of the bankruptcy funds, whether it has generally complied with the <br /> Bankruptcy Plan and whether it has complied with its own rules and guidelines tD <br /> governing the type <br /> of reclamation that it has undertaken. While the County may have an interest in what uses are made <br /> of the private property in Coal Basin following reclamation, it is clear that claims one through four <br /> relate solely to issues governed by the Colorado Surface Coal Mining Reclamation Act and <br /> therefore,the County is barred from attempting to exercise its powers- <br /> B. Pitkin County is not a party to the contract third-party plaintiffs seek to enforce. <br /> Third-party plaintiffs' first through fourth claims for relief seek to enforce the contract for <br /> reclamation work arising out of Mid-Continent's bankruptcy plan. A copy of Mid-Continent's <br /> Second Amended Plan of Liquidation (confirmed by the Bankvaptcy Court on April 11, 1994) is <br /> attached as Exhibit B. Section 2.5 of the Liquidation Plan established Class 5 creditors as the Mincd <br /> Land Reclamation Board("MLRB"),the DMG and the federal Office of Surface Mining ("OSM"). <br /> Class 5 claims included claims for reclamation of the Coal Basin mine site arising under the <br /> Reclamation Plan(defined in section 1.32 as the reclamation plan submitted by Mid-Continent and <br /> approved by the MLRB in permit C-81-017). Section 4_3 of the Liquidation Plan governs <br /> 5 <br />