Laserfiche WebLink
+ C <br /> party beneficiary to the reclamation plan, and that certain, <br /> unspecified reclamation activities done by the Division have been <br /> substandard and in breach of the reclamation plan. In addition, <br /> the LLC alleges it will incur damages if the Division fails to <br /> reclaim its property. <br /> Position: The Division has filed a motion to dismiss this <br /> claim based on the premise that the liquidation plan is not a <br /> contract but a judgment . In addition, this claim is in essence an <br /> allegation that the Division has violated the Reclamation Act . As <br /> such, the claim falls within the purview of the Colorado <br /> Governmental Immunity Act . The Division' s motion is pending before <br /> the district court . <br /> In addition to the arguments stated in its motion, the <br /> Division points out that it has successfully reclaimed difficult <br /> terrain in a cost effective manner. Moreover, the Division will <br /> only be able to perform reclamation to the extent that funds are <br /> available to do so. The Division will make every attempt to <br /> perform reclamation of all disturbed areas, including those located <br /> on LLC land. However, given the limited nature of the funds, the <br /> Division has established a prioritization of reclamation tasks <br /> based on environmental concerns and site conditions . The Division <br /> has determined that steep slope revegetation is more of an <br /> environmental necessity than reclamation of relatively stable land <br /> the LLC now owns . <br /> In order to get the most out of the limited liquidation funds, <br /> the Division would like to resolve reclamation matters so that <br /> 25 <br />