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James B. Holden <br />Page 3 <br />cated that you would check the equipment descriptions and verify <br />that that is the case. <br />10. DMG objects to the payment of the Patsantaras lien out of <br />the proceeds of equipment sales. The Patsantaras lien should be <br />satisfied out of the proceeds of the sale of the mine site. <br />11. You have agreed to amend the definition of the MLRB's Class <br />5 claim to include its claim for the reclamation of the Mid - <br />Continent and Marblehead quarries. I suggest the following defi- <br />nition: <br />2.5 Class 5 -- MLRB. Class 5 shall consist of the <br />A }}owed -eiaim CLAIM of the MLRB for payment -ef -the <br />eests -ef- the- Reeiamat +en- P +an-- ineiuding- amounts <br />refit red- under- the- Bebterls- eurrent- perfermanee -bend <br />and - any -rev siens- thereto- te- wh +eh- the -MLRB- may -ne -er <br />hereafter- be -ent tIed-- seeured -by -a -son or- eensensua+ <br />lien -en- the- Reekdust -P +ant RECLAMATION OF THE DEBT- <br />OR'S COAL MINE PURSUANT TO THE COLORADO SURFACE COAL <br />MINING RECLAMATION ACT AND MLRB PERMIT NUMBER <br />C -81 -017; AND RECLAMATION OF TWO QUARRIES OPERATED BY <br />THE DEBTOR PURSUANT TO THE COLORADO MINED LAND RECLA- <br />MATION ACT AND MLRB PERMIT NUMBERS M -82 -121 AND <br />M -77 -420. <br />12. I have also requested a change to the language of the <br />exculpation clause to make it clear that this plan will not <br />relieve any party of any reclamation liability already incurred. <br />I suggest that the following language should be added to <br />§6.4.5: <br />This section shall not be construed to relieve any <br />officers, directors, agents, or employees of the <br />Debtor of any personal liability that such individu- <br />als may have incurred for reclamation of the coal <br />mine operated by the Debtor. <br />13. The reorganization plan should provide that any funds <br />remaining in the Environmental Trust after environmental remedi- <br />ation will revert to the Reclamation Trust, rather than the Cred- <br />itors' Trust, as described in your memorandum dated May 17, 1993. <br />14. Please let me know whether Bob Delaney has had any discus- <br />sions with Pitkin County in an attempt to negotiate a solution to <br />