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Cheryl A. Linden <br /> July 28 , 1994 <br /> Page 2 <br /> Accordingly, the focus is shifting from the need to raise <br /> funds for reclamation to the manner in which available funds are <br /> spent to carry out the reclamation project . <br /> Preparations Made by Resources <br /> Anticipating this new phase of the case, Resources and <br /> the Division had several meetings earlier in the year concerning <br /> how the reclamation funds should be spent . The Division' s <br /> director, Mike Long, advised Resources that the Division wanted <br /> Resources to contract with third parties for reclamation services <br /> during the current year. Mr. Long confirmed this in a March 30 , <br /> 1994 letter to Sen. Wattenberg, stating that "The Division advised <br /> Mid-Continent Resources and its counsel in January 1994 that Mid- <br /> Continent would need to undertake reclamation of the mine site <br /> during the 1994 construction season. " <br /> Based upon the Division' s expressed desire to have <br /> Resources undertake reclamation, Resources contacted potential <br /> contractors and lined up bids to perform reclamation work. This <br /> was done under the supervision of Greg Lewicki, a reclamation <br /> expert who had been engaged by Resources at the Division' s urging. <br /> In May 1994 , Resources submitted contract bids to the <br /> Division. Steve Renner, the Division' s Coal Program Supervisor, <br /> met at the mine site with the prospective contractors to discuss <br /> the work which was to be performed, which included spreading dirt <br /> over disturbed areas and seeding reclaimed acreage . <br /> On June 15, 1994 , John Reeves, president of Resources, <br /> sent Mr. Long a letter outlining a procedure for soliciting <br /> contracts and providing for Division supervision of the project . <br /> Among other things, the proposed procedure would have made any <br /> reclamation contracts subject to the prior approval of the <br /> Division, and would have required Greg Lewicki to meet weekly with <br /> the Division to review the work which had been performed and agree <br /> upon tasks for the coming week. Resources also prepared a form <br /> contract to be executed by persons performing reclamation work, and <br /> submitted that form to the Division for review. <br /> The Division made no response to any of this, and on July <br /> 11, 1994 , Robert Delaney, Resources' general counsel, wrote Mr. <br /> Long urging the finalization of an agreement "that will allow <br /> reclamation in Coal Basin to proceed on an expedited basis, " and in <br /> particular urging Division approval of the use of Resources' dozer <br /> for grading of the tunnel refuse pile, with costs to be reimbursed. <br /> Resources then received your letter of July 18, 1994 , in <br /> which you stated the position that all reclamation contracts must <br />