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FOURTH CLAIM FOR RELIEF <br /> (Breach of Duty of Good Faith and Fair Dealing) <br /> 41. The Division incorporates all of its previous responses in this Answer as if set <br /> forth in full. <br /> 42. Paragraph 42 contains legal argument to which no responsive pleading is <br /> required. <br /> 43 through 45. The Division denies the allegations in paragraphs 43, 44, and 45. <br /> FIFTH CLAIM FOR RELIEF <br /> (Injunction) <br /> 46. The Division incorporates all of its previous responses in this Answer as if set <br /> forth in full. <br /> 47. The Division admits the allegations in paragraph 47. <br /> 48. The Division admits that at present time the reclamation plan requires demolition <br /> of the lamp house, its power lines, a metal building near the former Preparation Plant, access <br /> roadways, and a water tank. As to culverts for stream crossings, the Division will remove <br /> some of the culverts, but will leave others in place. <br /> 49. The Division does not have information and knowledge sufficient to form a belief <br /> as to the truth or accuracy of the allegations of paragraph 49 and therefore denies the same. <br /> 50 through 53. The Division denies the allegations of paragraphs 50, 51, 52 and 53. <br /> SIXTH CLAIM FOR RELIEF <br /> (Declaratory Judgment) <br /> 54. The Division incorporates all of its previous responses in this Answer as if set <br /> forth in full. <br /> 55. The Division admits that MCR is a permit holder of a discharge permit issued b- <br /> the Colorado Department of Public Health and Environment under the Water Quality Control <br /> Act, and that the Division has procured contracts for reclamation of the Coal Basin mine site <br /> since July 1994. <br /> 6 <br />