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04/05/99 17:33 FAX 3037962777 <br />BURNS FIGA & WILL <br />t j 0 2 3 <br />ANSWER NO. 17: MidCon paid $983,790.00 for the Coal Load Out Facility_ <br />Financing of $1 million was provided by Mid- Continent Coal and Coke Company. <br />INTERROGATORY NO. 18: Identify all documents and non - written communications <br />which relate to the purchase of the Coal Load Out Facility by the LLC described in paragraph 42 <br />of the LLC's complaint including appraisals supporting or refuting the value paid for the property <br />or any portion of the property, the contract relating to the purchase, deeds and correspondence. <br />ANSWER NO. 18: All such documents shall be made available for inspection upon <br />reasonable notice at the office of Robert Delaney, 1001 Grand Avenue, Suite 106, Glenwood <br />Springs, Colorado_ <br />INTERROGATORY NO. 19: Identify all corporate minutes, internal memoranda, <br />letters, correspondence, and other documents relating to the decision of the LLC to purchase the <br />Coal Load Out Facility. <br />ANSWER NO. 19: All such documents shall be made available for inspection upon <br />reasonable notice at the office of Robert Delaney, 1001 Grand Avenue, Suite 106, Glenwood <br />Springs, Colorado_ <br />INTERROGATORY NO. 20: Identify the reclamation tasks which the LLC has <br />completed, is in the process of completing, or intends to undertake at the Coal Load Out Facility. <br />Include in your response the cost of each reclamation task that has been, is being, or will be <br />performed by the LLC at the Coal Load Out Facility. <br />ANSWER NO. 20: Buildings and structures not required for post - mining uses have <br />been removed under the A &M/King contract. Buildings not removed have been converted or are <br />in the process of being converted to post- mining uses_ Substantial grading has been done to <br />improve access, improve drainage and to fill a large cavity on the east end of the Unit Train Load <br />Out Bin. Substantial revegetation has occurred on the graded areas. Upon completion of <br />grading, further revegetation is intended. The cost has not been determined_ <br />INTERROGATORY NO. 21: State the factual and/or legal basis for the allegations <br />contained in paragraph 44 of the LLC's Third -Party Complaint that the LLC requires written <br />acknowledgement from DMG that reclamation is complete at the Coal Load Out Facility and that <br />DMG will assert no rights in the Coal Load Out Facility in order for the property to be <br />marketable. Include in your response under what authority and under what conditions the LLC <br />alleges it is entitled to require the written acknowledgement from the Division and the specific <br />basis for the LLC's allegation that without such written acknowledgement, the property would <br />not be marketable. <br />ANSWER NO. 21: Objection. Calls for legal conclusions and analysis. <br />INTERROGATORY NO. 22: Identify all documents referred to or relied upon in <br />responding to the above Interrogatory no. 21. <br />7 <br />