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FROM natural TO:DMG OCT 15, 1993 8:20AM #085 P.07 <br /> lieu of the recoupment of such funds from proceeds of the <br /> Rockdust Plant. <br /> 23. As with the cash collateral authorization obtained <br /> under the Second Motion, the cash collateral expended pursuant to <br /> this paragraph shall, pending confirmation of the Plan, be <br /> reimbursed from the sales proceeds of the Rockdust Plant. The <br /> Debtor anticipates modifying the Plan to provide for reduction of <br /> the distribution to the Reclamation Account, in the amount <br /> expended for reclamation purposes pursuant to this Third Motion, <br /> in lieu of recoupment from the Rockdust Plant. <br /> Pond Cleaning <br /> 24. In its First Motion Resources requested and <br /> received authorization to use $18,830 of cash collateral for pond <br /> dredging. Additional funds are required for this purpose. <br /> Resources seeks additional cash collateral authorization in the <br /> amount of $16,800 for pond cleaning. A breakdown of this <br /> spending request is attached hereto as Exhibit D. <br /> 25. Funds spent for pond cleaning pursuant to this <br /> Third Motion are subject to the provisions of Paragraph 23 above. <br /> Flume Repair <br /> 26. The Colorado Department of Natural Resources, <br /> Division of Mineral Geology (the "DMG" ) , which oversees <br /> reclamation of the mine site, has ordered Resources to repair the <br /> Dutch Creek flume. Resources seeks cash collateral authorization <br /> in the amount of $27,000 for this purpose. An estimate of the <br /> cost of repairing the flume is attached hereto as Exhibit E. <br /> 27 . Funds spent for flume repair pursuant to this <br /> Third Motion are subject to the provisions of Paragraph 23 above. <br /> PCB Removal <br /> 28. In its Second Motion, Resources requested <br /> authorization to spend cash collateral for removal of PCB <br /> contaminated transformers from the mine site; the funds spent <br /> were to have been recouped from sale of the Rockdust Plant. The <br /> DMG objected to this spending request on the ground that PCB <br /> removal was not part of the reclamation bond which was secured by <br /> the Rockdust Plant. Resources therefore withdrew this spending <br /> request from the Second Motion, reserving its right to seek such <br /> authorization by subsequent motion. <br /> 29. Resources now seeks cash collateral authorization <br /> in the amount of $50,000 for this purpose. Estimates regarding <br /> the funds necessary for PCB removal are attached hereto as <br /> Exhibit F. <br /> 30. Funds spent for this purpose shall not be subject <br /> to the provisions of Paragraph 23 above. <br /> 4 <br />