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UNITED STATES BANKRUPTCY COURT FOR THE <br /> DISTRICT OF COLORADO <br /> In re: ) <br /> MID-CONTINENT RESOURCES, INC. ) Case No. 92 11658 PAC <br /> T.I.N. 36-1475193 ) Chapter 11, M.C. No. H&J-15 <br /> Debtor. ) <br /> MOTION FOR AUTHORIZATION TO SELL ROCKDUST PLANT <br /> FREE AND CLEAR OF INTERESTS OF ENTITIES OTHER THAN THE ESTATE <br /> Mid-Continent Resources, Inc. , debtor in possession <br /> ( "Resources" ) , through its attorneys, Holden & Jessop, P.C. , moves <br /> the Court for authorization to sell the equipment, structures, and <br /> real estate known as the "Rockdust Plant, " free and clear of any <br /> interest in such property of entities other the estate with the <br /> exception of property taxes. The following is stated in support of <br /> this Motion: <br /> 1. Resources filed a voluntary petition under <br /> Chapter 11 of the Bankruptcy Code with this Court on February 12, <br /> 1992, Case No. 92 11658 PAC. Resources is administering its <br /> bankruptcy estate as debtor-in-possession. <br /> 2. Resources is the owner of the an approximate 17. 6 <br /> acre parcel of real property located in Garfield County, Colorado <br /> and referred to on Resources, bankruptcy schedules as the <br /> "Carbondale Rock Dust Plant Tract" (herein, the "Rockdust Plant" ) . <br /> A legal description of the parcel is attached hereto as Exhibit A. <br /> The parcel is improved by an industrial facility formerly used to <br /> process limestone into rock dust used -n the operation of <br /> Resources' coal mine as well as mines owned by unrelated operators. <br /> 3. Reclamation of Resources ' mine is governed by the <br /> Colorado Surface Coal Mining Reclamation Act [C.R.S. S 34-33-101 et <br /> seg. ; _ the "Act" ) , which provides for regulation by the Colorado <br /> Department of Natural Resources, Division of Minerals and Geology <br /> (the "DMG" ) , reporting to the Colorado Mined Land Reclamation Board <br /> (the "MLRB" ) . Federal oversight is handled by the Office of <br /> Surface Mining Reclamation and Enforcement (the "OSM" ) . <br /> 4 . Pursuant to the Act, Resources submitted and <br /> received approval of a reclamation plan for its coal mine. The <br /> reclamation plan is backed by a performance bond in an amount <br /> sufficient to assure the completion of the reclamation plan. In <br /> 1992, the DMG and OSM fixed the bond at $3, 000,000. The bond is to <br /> be backed by a surety, except that the DMG may permit the mine <br /> permittee to self-bond. In this instance, Resources self-bonded <br />