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f Duane Woodard Attorney General Charles B. Howe Chief Deputy Attorney General Richard H. Forman Solicitor General R~Of CO OR III IIII II III IIII III N~ % ~:\ 90 _- ~ ~ ~f ~'~,i '"` s ]g T6 Lhr ?~t~tr of Li~lnra~n DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL January 16, 1990 JAN 29 199p Larry Dean Allen, Esq. 831 Royal Gorge Blvd. P.O. Box 166 Canon City, CO 81212 RE: Settlement of Mined Land Reclamation Board v. G.E.C. Minerals, Inc. 87 CV 343 Dear Larry: STATE SERVICES BUILDING 1525 Sherman Street Denver, Colorado 80203 Phone 866.3611 8 866-3621 Fax (303) 866-5001 RECEIVED MINED LACaD RECLAMATION Olvi3lfaPl This letter sets out the major components of a plan to settle the MLRB lawsuit against G.E.C. Naturally this letter is covered by Colorado Rule of Evidence 408 and noth- ing herein may be introduced as evidence. The Division currently holds in the neighborhood of $400,000 as a forfeited bond on the G.E.C. site. As you know another firm, Energy Fuels Coal, Inc., has been considering permit- ting a portion of the G.E.C. site known as the East Pit area to use as a waste disposal site. The Division estimates that it will be able to reclaim all areas except the East Pit area for about $300,000. In response to a Division pro- posal, Energy Fuels has agreed to permit the East Pit area on the condition that any funds remaining on G.E.C.'s for- feited bond will be applied to Energy Fuel's bond on the East Pit. To this end, Energy Fuels has agreed to submit an application by February 16, 1990. As an additional condition to this agreement, Energy Fuels has demanded that G.E.C. assign any right it may have to the funds being held by the state, to Energy Fuels. Any settlement agreement must also provide that G.E.C. remain liable for the reclamation costs at the East Pit, notwithstanding the issuance of a permit to Energy Fuels.