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As described in previous orders, this case arose after Mid-Continent Resources, Inc. stopped <br /> mining operations in Coal Basin, Pitkin, Colorado, in 1991 and then filed a Chapter 11 bankruptcy <br /> proceeding in February 1992. <br /> In the Amended Third-party Complaint, the Movants raise several issues objecting to how <br /> Third-party Defendant State of Colorado, Department of Natural Resources, Division of Minerals and <br /> Geology ("DMG'), has performed in implementing the reclamation plan, which was part of a <br /> Bankruptcy Plan approved in April 1994. Movants, among other things, seek a detailed statement of <br /> what DMG has spent for reclamation at the subject property and how much it plans to spend.The first <br /> claim for relief in the Amended Third-party Complaint focuses on the financial aspects of the <br /> reclamation of Coal Basin after the cessation of mining. The second' claim for relief attacks <br /> DMG's expenditure of bankruptcy money for steep slope revegetation. The issue raised is whether the <br /> reclamation plan approved by the bankruptcy court required so steep a slope revegetation and whether <br /> the DMG techniques were beneficial or were a waste of bankruptcy money. The third claim for relief <br /> sounds in breach of contract The Movants allege that DMG has not complied with the reclamation <br /> plan and is squandering bankruptcy funds. The fourth claim for relief is for breach of a duty of good <br /> faith and fair dealing, claiming that DMG has not followed the bankruptcy plan and has not complied <br /> with its own rules and regulations concerning reclamation. <br /> The parties agree that the Colorado Surface Coal Mining Reclamation Act("Coal Act'D applies to <br /> the Coal Basin reclamation efforts, C.R.S. 34-33-101, et seq. They also agree that DMG regulations <br /> under the Coal Act cover reclamation. Section 4.15 deals with the mechanics of revegetating land that <br /> has been used for coal mining,and Section 4.27 addresses operations on steep slopes. <br /> The Coal Act governs the reclamation at Coal Basin. The issue is whether the Coal Act <br /> preempts the BOCC's answers to the first four claims for relief. The Local Govemment Land Use <br />