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t <br /> for any disturbance. <br /> It should again be noted that the Division, as the agency <br /> implementing the reclamation plan, has the discretion to make <br /> professional judgments regarding how best to perform reclamation. <br /> The third claim is a poor attempt by MCR and the Trustee to <br /> micromanage the Division - the very agency which interprets and <br /> implements the Reclamation Act . By asserting this claim, MCR and <br /> the Trustee are wasting liquidation funds on legal fees when such <br /> fees could be better directed at reclamation efforts . <br /> Fourth Claim for Relief <br /> - In this claim, MCR and the Trustee allege that all contracts <br /> have implied covenants of good faith and fair dealing. They then <br /> assert that "DMG' s reclamation activities in Coal Basin since 1994 <br /> have been carried out in a manner that has incurred expenses far in <br /> excess of what is reasonable. " MCR and the Trustee do not set <br /> forth which specific tasks they include in this allegation but <br /> merely give the steep slope project as an example. <br /> When asked to set forth the specific tasks included in this <br /> claim, MCR and the Trustee referred the Division to reports, rather <br /> than naming the tasks . This type of unresponsive answer does not <br /> promote settlement possibilities . The Division would, again, <br /> welcome your assistance in identifying the true nature of MCR and <br /> the Trustee' s claim. <br /> Position: This claim fails to state a claim upon which relief <br /> can be granted and is also barred by the Colorado Governmental <br /> Immunity Act, as set forth in the Division' s motion to dismiss . <br /> 17 <br />