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04/05/99 17:32 FAX 3037962777 BURNS FICA & WILL <br />Z1022 <br />the reclamation plan upon which you relied in making the allegation or which relates to the <br />allegation and the basis for alleging that the task is in violation of the reclamation plan. <br />ANSWER NO. 13: DMG's activities under the Huntsman and Dutch Creek Diversion <br />projects have impaired or interfered with road access which needs to be restored on the road <br />leading to the Lamp House and also on the road leading to the eastern portion of the old refuse <br />pile remaining in MidCon's ownership because of the lack of an adequate low water stream <br />crossing. Failure to complete reclamation properly will diminish the value of the property. <br />The DMG documents from Grand Junction provide specific information on the tasks <br />undertaken during the Dutch Creek diversion and Huntsman projects. There is a question of the <br />stability of the old refuse pile after removal of material and the ability of CDMG to control <br />erosion from a 2:1 slope with the type of material present and the revegetation techniques they <br />have employed in the past. <br />INTERROGATORY NO. 14: Identify each document which was referred to or relied <br />upon to respond to the above Interrogatory no. 13. <br />ANSWER NO. 14: See response to interrogatory No. 13, above_ <br />INTERROGATORY NO. 15: In the second claim for relief in the LLC's Third -Party <br />Complaint, the LLC alleges that it has been damaged by the Division's actions. In its Rule 26 <br />disclosure, the LLC states that it is not requesting damages per se_ State the factual or legal basis <br />and explanation for this allegation,' pleading, statement, belief or contention including an <br />explanation of what type of damages the third -party plaintiff seeks and whether it is only seeking <br />the court to determine the credits and/or expenditures to be made on reclamation of the mine site <br />or whether it is seeking a payment of money from the Division. <br />ANSWER NO. 15: MidCon• is not requesting money damages from DMG at this time. <br />MidCon is seeking to hold DMG to its obligations under the reclamation plan and properly <br />perform reclamation on MidCon's property. If that reclamation is properly performed, MidCon <br />will suffer no damages. If the reclamation is improperly performed, MidCon will suffer <br />damages. By way of example, should DMG damage or destroy some or all of the improvements <br />identified in paragraph 25 of MidCon's Third -Party Complaint, MidCon will suffer damages. <br />INTERROGATORY NO. 16: Identify the date on which the LLC acquired title to the <br />Coal Load Out Facility referred to in paragraph 42 of the LLC's complaint <br />ANSWER NO. 16: MidCon acquired title to the Coal Load Out Facility via special <br />warranty deed dated June 15, 1998. <br />INTERROGATORY NO. 17: What was the consideration paid by the LLC or any <br />other entity for the Coal Load Out Facility? If an entity other than the LLC paid all or a portion <br />of the consideration, include the identity of each entity and a specific allocation of how much the <br />LLC paid and how much each entity other than the LLC paid. <br />6 <br />