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12. The amount of the Division's claim and the <br />treatment of the DMG's claim under the pending plan are matters <br />which will be resolved in the bankruptcy case, and the Debtor <br />requires special counsel to advise it on those aspects of the <br />case. <br />13. In short, the Debtor is the mining permittee, as <br />the DMG has acknowledged. The Debtor needs to be invc•lved in <br />matters pertaining to the extent of the reclamation obligation, <br />the cost of performing reclamation, the schedule for performing <br />reclamation, and similar matters. The Debtor needs counsel to <br />represent its interests in these matters, as they may arise in <br />either the bankruptcy case or the DI.1G Litigation. <br />Scope of Special Counsel <br />14. Accordingly, the Debtor desires to employ special <br />counsel for the following purposes: <br />a. Representation of the Debtor's interest in the DMG <br />Litigation including, but not limited to, possible <br />intervention in that action; <br />b. Representation of the Debtor with respect to the <br />reclamation schedule applicable to the Debtor; <br />c. Representation of the Debtor with respect to the <br />extent of the Debtor's reclamation obligation under the <br />Debtor's reclamation plan or applicable federal or <br />state law; <br />d. Representation of the Debtor with regard to any <br />citations or notices of violation issued by a <br />governmental unit, federal or state, with regard to <br />mine reclamation, mine maintenance or the like; and <br />e. More generally, advice regarding the Debtor's <br />obligations with respect to reclamation of the Debtor's <br />mine. <br />Selection of Counsel <br />15. The Debtor has selected the law firm of Parcel <br />Mauro to represent it as special counsel with respect to the <br />matters described above. The firm was selected because of the <br />firm's experience in matters of this kind, and in particular the <br />experience of Dean Massey, a member of the firm who prior to 1980 <br />was employed by the State of Colorado in connection with <br />reclamation matters. <br />16. Parcel Mauro has requested a retainer in the <br />amount of $20,000 prior to commencement of their representation <br />-3- <br />