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o. <br /> funds will not be used to pay legal fees, but will be used for <br /> reclamation work. However, MCR, the Trustee, and the LLC must <br /> provide information necessary to resolve this dispute and must be <br /> willing to realistically evaluate the merits of their allegations . <br /> Third Claim for Relief <br /> The LLC requests the court to issue a declaratory judgment <br /> that upon completion of reclamation at the Coal Load Out, the <br /> Division has no right, title, or interest in that property. The <br /> Coal Load Out is located in Carbondale, not in Coal Basin. <br /> Position: The Division has filed a motion to dismiss this <br /> claim because the LLC concedes in its complaint that it has not <br /> completed reclamation. Until the LLC sets forth the reclamation it <br /> intends to do at the Coal Load Out, completes that reclamation, <br /> gives the Division a chance to inspect the reclamation, and the <br /> Division unjustifiably refuses to approve the reclamation, then the <br /> LLC' s request for a declaratory judgment is simply not ripe for <br /> review. <br /> It should be noted that prior to the LLC acquiring this <br /> property, the Division attempted to resolve this matter with MCR <br /> and the Trustee. The Division was willing to allow MCR and the <br /> Trustee to perform the reclamation. However, the Division was <br /> uncertain what specific reclamation was to be performed and when. <br /> Possible resolution: The Division is willing to inspect the <br /> site once reclamation is completed. However, the Division requests <br /> the LLC to set forth, in detail, the reclamation it intends to <br /> conduct at the site and to give the Division notice that <br /> 26 <br />