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pursuant to applicable law. A copy of this order was sent to me by CDMG as representative <br /> of Resources. <br /> 17. To comply with this order and the reclamation and abatement requirements of the <br /> CDMG, Resources was dependent on the continued use of the Pitkin crew, the Pitkin rental <br /> equipment and Resources' retained equipment. <br /> 18. In addition, necessary fuel and parts were also charged to Pitkin as were service <br /> calls for repairs. These were required to keep the equipment operating. Certain essential <br /> purchases, such as concrete, were also charged to Pitkin. Due to Resources' bankruptcy and <br /> shortage of cash, it was virtually impossible for Resources to obtain credit. Absent such charges <br /> through Pitkin's account, Resources could not have done reclamation, abatement and <br /> remediation, because vendors refused to provide such goods and services to Resources--a <br /> company in bankruptcy. <br /> 19. In 1993, Resources was negotiating with prospective purchasers for properties <br /> situated at the mine site and at Carbondale, which is 23 miles distant from the mine. I met with <br /> prospective purchasers of the Industrial Park and the Fabrication Shop Tract concerning their <br /> requirements for site clean-up and remediation. I have also met with representatives of the U.S. <br /> Forest Service, while they conducted on-site reviews, concerning their requirements for <br /> environmental clean-up. The efforts of the reclamation crew during the period of time which <br /> is the basis of the Pitkin claim were essential to the sale of Resources' properties. <br /> 20. Properties sold by Resources, on which Pitkin did reclamation, remediation and/or <br /> clean-up work, and which are included in the claim, include the Fabrication Shop Tract, the <br /> Carbondale Industrial Park, Mines #1, #2 and #4, which are within lands exchanged with the <br /> U.S. Forest Service. <br /> 21. Reclamation work on the Mine #S area is located on property that Resources <br /> anticipates will be exchanged with the U.S. Forest Service. <br /> 22. In early 1994, CDMG notified Resources that Resources was expected to proceed <br /> with reclamation during the 1994 construction season, and Resources was also expected to <br /> continue with maintenance of the mine site through Pitkin. <br /> 23. Accordingly, Resources sent personnel to the mine regularly to monitor conditions <br /> throughout the winter, retained Mr. Lewicki to do engineering studies and work with CDMG <br /> in planning for the work to be done, maintained and prepared equipment for such work, and <br /> prepared to retain additional contractors. <br /> 24. Ms. Linden of the Attorney General's office advised Resources in late July of <br /> 1994 that she had determined reclamation at the mine site would be conducted under the state <br /> procurement system and carried out by the CDMG. This ended Resources' reclamation work <br /> 3 <br />