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MLRB[Colorado Mined Land Reclamation Board]and the OSM[federal <br /> Office of Surface Mining] to secure the Reclamation Bond shall be <br /> augmented by cash payments from the Creditors'Trust to the MLRB,in <br /> the amount of$3,000,000, less: <br /> (i)the Net Proceeds from the Rock dust Plant or,in the alternative, <br /> the proceeds realized by the MLRB and the OSM from foreclosure <br /> on the Rockdust Plant; <br /> (ii)The costs set forth in the Reclamation Bond for work which is <br /> to be performed by M&E pursuant to the M&E Contract at no cost <br /> to the Debtor,as such work actually is performed; and <br /> (iii) the cost of reclamation work performed prior to the Effective <br /> Date pursuant to cash collateral orders entered by the Court, the <br /> cost of which shall be determined according to the costs for such <br /> work set forth in the Reclamation Bond. <br /> The adjustments provided by subparagraph(iii)above shall occur in lieu <br /> of the recoupment of cash collateral from proceeds of the Rockdust Plant <br /> provided under prior cash collateral orders of the Court. <br /> 84. "Reclamation Bond" referred to in the foregoing paragraph is defined in <br /> section 1.30 of the PLAN: <br /> 1.30 Reclamation Bond shall mean the performance bond pertaining to <br /> the Mine Site,furnished by the Debtor to the MLRB pursuant to C.R.S.§34-33- <br /> 113, in the amount of $3,000,000, representing the 1991 determination of the <br /> MLRB,the DMG,and the OSM of an amount sufficient to assure completion of <br /> the Reclamation Plan if reclamation had to be performed by the MLRB in the <br /> event of the Debtor's forfeiture. <br /> 85. Without the requested accounting for work done and its financial <br /> information from DMG the amounts of additional payments, if any, that may be required <br /> are impossible to determine as well as what additional work, if any, may be required by <br /> DMG. It is equally impossible to fully and accurately account to others. <br /> Reclamation, Salvage Work <br /> 86. It is possible to perform reclamation work in Coal Basin only during summer <br /> months after winter snows melt and the ground dries. Normally the outdoor work season <br /> continues through the summer and into the fall until snow begins to fall. <br /> 87. MCR began reclamation work as required by the MLRB permit in 1992. <br /> Reclamation work by MCR and M&F/King continued during the summer work seasons. <br /> CIVIL No.97 cv 131-3 -15- AMENDED ANSWER&COUNTERCLAIMS <br />