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11Z09198 17:38 FAX 3037962777 BURNS FIGA & WILL IN09/031 <br /> time period in which mining was "suspended" and was intended to give notice to a prospective buyer <br /> that the county wanted certain things done with the site: <br /> • completion of a water treatment plant situated in the preparation plant area to treat the <br /> discharges from active underground mining operations <br /> • the county wanted to prevent Mid-Continent from removing coal refuse from the refuse <br /> pile based on Mid-Continent's previous interest in using the material for a co-generation <br /> plant in Carbondale <br /> • regulation of gas and diesel tanks which the county wanted relocated away from a stream <br /> All of these conditions are now moot. There is no mine to create sediment loading in the <br /> discharge water, there is no preparation plant to hold the water treatment plant (which was cut up <br /> for scrap and hauled away). DMG has now moved the coal refuse piles and the oil and gas tanks <br /> have been removed from the property. <br /> Further,reclamation was commenced on this site by Mid-Continent in 1992,was taken over <br /> by DMG in 1994 and has occurred every stunmer for seven years (1992 through 1998). This is the <br /> first time Pitkin County has expressed any interest in regulating day to day reclamation activities_ <br /> Even if the County had any such authority,it was waived long ago by its inaction. <br /> WHEREFORE, Third-Panty Plaintiffs respectfully request that this Court deny Pitkin <br /> County's Motion for Leave with respect to Pitkin County's ability to litigate Third-Party Plaintiffs' <br /> Claims one through four of their Amended Third-Party Complaint and for such further relief as this <br /> Court deems just. <br /> 9 <br />