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its mine, while the DMG has filed a proof of claim claiming that <br /> the Debtor has an ongoing obligation to reclaim to mine, and has <br /> served the Debtor with notices directing the Debtor to implement <br /> the reclamation plan. <br /> 11. The Debtor is endeavoring to make adequate provision <br /> for the DMG's reclamation claim in its Plan of Liquidation. <br /> The DMG Litigation <br /> 12 . A copy of the Amended Complaint (the "Complaint" ) <br /> filed by the DMG in the DMG Litigation is attached hereto as <br /> Exhibit B. The Complaint alleges that the defendants are "agents" <br /> of the Debtor, and states that <br /> The debtor's proposed liquidation plan may not cover all <br /> of the expenses required for complete reclamation. Thus, <br /> the Division must look to the individuals and Minerals to <br /> recover the full amount needed for reclamation. <br /> 13. The Complaint seeks injunctive relief ordering <br /> defendants, as the Debtor's "agents, " <br /> to immediately complete the sealing of the adit/rock <br /> tunnel; immediately reclaim Mine 1, 2 , 3, 4 , and 5 portal <br /> areas, including portal sealing, structural demolition, <br /> backfilling and grading, revegetation, and installation <br /> of sediment controls; complete reclamation of the Coal <br /> Basin Mine pursuant to the reclamation plan, the <br /> provisions of CSCMRA, the regulations promulgated <br /> thereunder, and the Final Reclamation Schedule specified <br /> in the Board order dated May 22 , 1991; maintain the site <br /> in compliance with all applicable statutory, regulatory, <br /> and permit requirements; and abate any violatior_ of such <br /> requirements. <br /> 14 . A substantial portion of this work was performed <br /> during 1993 by the Debtor. See the DMG's release dated November 3, <br /> 1993, attached hereto as Exhibit C. <br /> 15. Notwithstanding the DMG's demand for "immediate" <br /> reclamation of the mine, the DMG has acknowledged that this <br /> reclamation is a multi-year undertaking. See the "Conceptual Coal <br /> Basin Reclamation Schedule, " prepared by the DMG and distributed at <br /> a public meeting on December 14, 1993, attached hereto as Exhibit <br /> D. The conceptual schedule sets forth reclamation activity <br /> spanning more than four years. <br /> -4- <br />