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t <br /> James B. Holden <br /> Page 4 <br /> proceeds from the sale of the equipment. However, the liquida- <br /> tion plan gives the use of this equipment to the Division and re- <br /> quires the Division to pay for maintenance out of reclamation <br /> funds. Until this conflict is resolved and until the Division <br /> makes a decision as to whether it is cost effective to use the <br /> equipment, the Division will not pay for any maintenance of the <br /> equipment. <br /> Moreover, since M&E is to be reimbursed for any maintenance ex- <br /> penses, the Division is concerned about what reclamation M&E <br /> intends to perform with the equipment. Any such reclamation <br /> should be under the Division's supervision. - <br /> PORTAL SEALING CONTRACT <br /> You have asked whether the Division will agree to complete the <br /> R&G contract concerning portal sealing. As you know, this con- <br /> tract was approved by the bankruptcy court. However, R&G has not <br /> finished the work and apparently, has not been completely paid. <br /> The Division requests an accounting of how much has already been <br /> paid to R&G and how much work still needs to be done. The Divi- <br /> sion would like to see this work completed. However, prior to <br /> such a decision, it needs an accounting and to research whether <br /> it is possible to pay for the completion of the work. <br /> Lastly, Mid-Continent is welcome to see the invitation to bid <br /> concerning the reclamation work. In addition, the Division will <br /> attempt to keep Mid-Continent reasonably informed about expendi- <br /> tures of reclamation funds. As stated earlier, the Division is <br /> dedicated to seeing that this site is reclaimed to applicable <br /> standards. The Division and I thank you for your cooperation in <br /> this matter. <br /> Sincerely, <br /> FOR T E ATTORNEY GENE L <br /> CHERYL A. LINDEN <br /> Assistant Attorney General <br /> Natural Resources Section <br /> (303) 866-5117 <br />