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24. The relief sought by Plaintiffs in this action potentially jeopardizes Class 4 <br /> (PLAN § 4.2), Class 5 (id. § 4.3), Class 6 (id. § 4.4), Class 9 (id. § 4.6), and Class 10 (id. § 4.7) <br /> creditors established by the Bankruptcy Court PLAN and each creditor in each of those classes <br /> including DMG. <br /> PERMIT RECLAMATION <br /> 25. MCR began Coal Basin reclamation work as required by its MLRB permit in <br /> 1992 after it became apparent the mine property could not be sold as an operating entity. <br /> Reclamation work by MCR and M&E/King continued during the summer work seasons.In <br /> 1994 as MCR prepared for the summer work season,DMG refused to approve that summer's <br /> proposed work and on or about July 18, 1994 it announced and took over Coal Basin <br /> reclamation work <br /> 26. Among the PLAN aims is liquidation of the assets of the bankrupt estate and <br /> permit reclamation of the Coal Basin mine property and the Carbondale Loadout Tract as <br /> required by federal and state law, specifically the MLRB permit and its reclamation bond <br /> pursuant to the Colorado Surface Coal Mining Reclamation Act,14 COLO.REV.STAT.§§34-33- <br /> 101 through-137(1995 Repl. Vol.).This permitting obligation is an integral part of the PLAN <br /> (see e.g.,PLAN§§ 1.25, 1.30 and 4.3.2). <br /> 27. M&FA(ing salvage-scrapping-remediation work began in 1992 and has <br /> continued each work season since. It is believed that M&E/King salvage-scrapping- <br /> remediation work will conclude with the 1997 work season. <br /> 28. DMG bond reclamation work began in 1995 and continued in the 1996 work <br /> season.DMG has solicited bids for Coal Basin reclamation work for the 1997 work season.It <br /> is believed that the 1997 work season should conclude the work described in the reclamation <br /> permit. <br /> 29. Consistent with the MLRB permit bonding requirement, the effect of the <br /> PLAN is to "cap" or set a maximum amount owed by the Creditors' Trust to DMG for Coal <br /> Basin mine property reclamation(up to$3,000,000,PLAN§4.3.5)based upon costs and value <br /> of reclamation work performed by the State of Colorado less(a)cash proceeds from the sale <br /> of the so-called Rockdust Plant and its real property(id.§4.3.2),(b)the value of the remedial <br /> work performed by M&E/King(id.§4.3.2(ii)),and(c)the value of remedial/reclamation work <br /> performed by MCR (id. § 4.3.2(iii)). <br /> 30. "Reclamation Bond" referred to in PLAN section 4.3.2 is defined in PLAN <br /> section 1.30. The PLAN also states (§ 4.3.5): <br /> CIVIL No.97 Cv 131-3 -6- THIRD-PARTY COMPLAINT <br />