1994-07-28_GENERAL DOCUMENTS - C1981017

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Cheryl A. Linden July 28, 1994 Page 6 Resources cannot take responsibility for such disturbances . In view of the fact that the Division is holding reclamation funds and intends to contract directly for reclamation service, does the Division intend to provide for site maintenance or to include maintenance requirements within the scope of the reclamation contracts which it procures? With the Division having announced its intent to take direct control of the reclamation project, does the Division agree that the site now falls under "alternative enforcement, " in which Resources will not be subject to notices of violation relating to site maintenance? Cleanup Being Performed by M&E/King. As you know, M&E/King is salvaging and liquidating equipment located at the mine site under a contract approved by the Bankruptcy Court . That contract requires M&E/King, at its expense, (i) to remove all structures located at the mine site, including structures located at upper portals and at the rail load-out facility, excluding concrete pads and cinder block or concrete buildings; and (ii) to remove all metallic scrap, tires, wood, or other non-metallic scrap, excluding hazardous materials such as asbestos or PCBs, from the mine site and load-out facility. Does the Division intend to procure its own contracts to perform this work, thus losing the savings which are to be realized by having M&E/King perform the work? Reclamation Equipment. Section 1 . 31 of the Plan reserves a number of important pieces of equipment for use in the reclamation project, including a CAT D8N crawler tractor, a 930 CAT loader, a 980 CAT loader, a 945 Fiat Allis loader, a John Deere 310A backhoe loader, a CAT 16 G motor grader, a Kenworth dump truck, and a 915 EIMCO loader with bucket (collectively, the "Reclamation Equipment" ) . Section 6 . 2 . 6 of the Plan leases the Reclamation Equipment to the MLRB until September 1, 1995, for one dollar. The Division urged Resources to retain the reclamation equipment . As all parties are aware, much of the reclamation project is an earth moving project . The Reclamation Equipment is well-suited to move dirt and rocks . It would be very expensive to lease similar equipment from other sources . Does the Division intend to enter into contracts which will utilize the Reclamation Equipment and permit the earth moving work to be performed at the lowest possible cost?