1994-03-21_GENERAL DOCUMENTS - C1981017 (2)

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t�ENT OF T United States Department of the Interior MAR 2 Wo H A ' OFFICE OF THE FIELD SOLICITOR _ PO Box 25007-D105 (303) 231-5350 �4gCH 3 6°9 Denver,Colorado 80225-0007 March 18, 1994 OSM.DV.L102 0 James B. Holden, Esq. Holden & Jessop, P.C. 303 East 17th Avenue, Suite 930 ' / Denver, Colorado 80203-1264 Re: Mid-Continent Resources, Inc. Dear Mr. Holden: This is to advise you that my client, the U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSM) , has the following comments with respect to the enclosed draft Motion for Authorization to Sell Rockdust Plant Free and Clear of Interests of Entities Other than the Estate (Motion) . Provision 4 on page 1 of the Motion states, "In 1992 , the DMG and OSM fixed the bond at $3, 000, 000. " As OSM advised you and the Delaneys during our meeting last year, OSM does not agree that $3, 000, 000 is sufficient to reclaim the Coal Basin Mines. For the record, OSM does not believe that the reclamation liabil- ity for Coal Basin Mines is limited to the $3 , 000, 000 estimate under the reclamation plan approved by the State of Colorado. OSM has advised the State that OSM is of the opinion that the reclamation plan for the site does not meet the requirements of the Colorado Surface Coal Mining Reclamation Act, C.R. S. Title 34, Article 33 , and the Surface Mining Control and Reclamation Act of 1977, 30 U. S.C. §§ 1201-1328. Also, please provide me with a written, itemized accounting of monies spent on reclamation to date, all monies paid to M&S in connection with said reclamation, and the outstanding real estate taxes as apportioned to the Rockdust plant. Thank you for your assistance. Sincerely, .V_�� j�� eAnn L. Owen�/ Attorney Enclosure cc: Cheryl A. Linden, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203 Robert H. Hagen, Director, Albuquerque Field Office, OSM, 505 Marquette, N.W. , Suite 1200, Albuquerque, NM 87102