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Cheryl A. Linden <br /> February 1, 1994 <br /> Page 2 <br /> reclamation project and expend the funds provided for reclamation <br /> under the Plan. <br /> From the time that the concept of an environmental <br /> trustee was first suggested, the Division indicated that it was <br /> opposed to the concept and instead wanted funds for reclamation to <br /> be made available directly to the Board and the Division, to be <br /> administered by them as a forfeited bond. More recently, on <br /> January 10 Dean Massey and I met with you and Mike Long to discuss <br /> the pending Chapter 11 Plan. Mr. Long advised that the Board, like <br /> the Division, was firmly opposed to the concept of an environmental <br /> trustee and that the Board instead wanted to control the <br /> reclamation funds and the performance of the reclamation plan. <br /> At that time, I advised Mr. Long that one problem with <br /> simply turning the funds over to the Board was that Resources had <br /> received notices of violation pertaining to interim site <br /> maintenance. If the Board expected Resources to perform interim <br /> maintenance, funds would need to be made available for that purpose <br /> from Resources' bankruptcy estate. Alternatively, if all funds <br /> were going to be turned over to the Board, Resources no longer <br /> would have the ability to handle interim maintenance or final <br /> reclamation because it would have no funds. <br /> Mr. Long responded that once the reclamation project was <br /> under the Board's supervision and control, with the Board <br /> disbursing the funds for the project, he would be amenable to <br /> designating the site as falling under "alternative enforcement, " in <br /> which issues of interim maintenance would be viewed somewhat <br /> differently. This comment was consistent with past comments by the <br /> Division and its legal -representatives, that once the Board and <br /> Division took control of the project, notices of violation <br /> pertaining to interim maintenance likely would be vacated. <br /> In response to the January 10 meeting, Resources amended <br /> its Plan to eliminate the environmental trustee, to provide for the <br /> full funding of the reclamation bond, and to provide for the <br /> turnover of all reclamation funds to the MLRB. I therefore return <br /> to my comments at the January 10 meeting. The Board cannot have it <br /> both ways. If it wants to control the funds which Resources is <br /> making available for reclamation, Resources must yield <br /> responsibility for interim maintenance because Resources no longer <br /> will control any funds which could be used for that purpose. <br /> In addition, once the Board has taken control of the <br /> project, it will be in possession of the site through its contractors. Those contractors own <br /> will be in the best position to <br /> look after interim maintenance. Moreover, some interim maintenance <br />