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as to what assets, if any, will be available to pay allowed General Creditor <br />Claims. Furthermore, we cannot state with any degree of certainty when this <br />determination will be made. " Then, on April 12, 1999, the Division received <br />another -etter from NYID saying, "Before we may finalize the evaluation of the <br />claim, kindly execute the enclosed affidavit". The Division executed and returned <br />the affidavit. Then on August 6. 1999, the Division received a letter from NYID <br />saying, "they will process the claim in the amount of $58, 073. Kindly execute the <br />General Release ". The Division executed the General Release and returned it on <br />December 12, 2001. <br />In October 2002, the Division inquired with the NYID about the claim. In <br />November 2002, NYID responded and stated that the Division's claim has been <br />allowed and the Division is now a General Creditor in the Liquidation <br />proceedings. They include the language as in previous letters, "To date, a <br />determination has not been made as to what assets, if any, will be available to pay <br />allowed General Creditor Claims. Furthermore, we cannot state with any degree <br />of certainty when this determination will be made. " <br />In August 2005, the Office of the Attorney General, State of Colorado, on behalf <br />of the Division, inquired as to the status of the Division's claim. On August 11, <br />2005, the NYID responded °it is still uncertain as to what assets, if any, will be <br />available to Union creditors and whether a distribution by the Liquidator will be <br />forthcoming in 2005. Your client will, as an allowed creditor, be informed of any <br />change in the status of this estate. " <br />Based on review of the correspondence concerning efforts to obtain this bond <br />money, it appeazs that any timely distribution of monies, now or at any time in the <br />foreseeable future, pursuant to the liquidation of Union's assets, is unlikely. <br />However, at this time, the Division intends to continue pursuing the claim with <br />the NYID within the pertinent provisions of the Civil Penalty Reclamation <br />Cooperative Agreement referenced below. <br />Reclamation plan <br />The Office of Surface Mining (OSM) allows states to apply for civil penalty funds <br />that have been collected by the OSM to be used for reclamation projects. The <br />Division's Abandoned Mine Land Program applied for and received $83,260.00 <br />from the OSM under this program for reclamation of the New Pryor Mine. The <br />mine was reclaimed under a Civil Penalty Reclamation Cooperative Agreement <br />(GR090081} as documented in Division correspondence dated 7/3/1990. Review <br />of the written record for the New Pryor Mine indicates that the reclamation project <br />was put out for bid to interested contractors. The low bid method was used to <br />determine the winning bidder. Afrer selecting a winning bidder, the work was <br />performed with a few minor, approved changes. Reclamation work initiated in <br />the summer of 1991 and all work was completed by March 1992. Tasks included <br />4 <br />