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11/09/98 17:38 FAX 3037962777 BURNS FIGA & WILL Z 007/031 <br /> disposition of assets pledged to cover Class 5 claims, augmentation of the reclamation bond,timing <br /> of distributions and other matters pertaining to Class 5 claims. Nowhere in this section or anywhecc <br /> else in the Liquidation Plan is provision made for Pitkin Cotmty's participation in reclamation. <br /> Rather, all dealings are between Mid-Continent on the one hand and\4LRB, DMG or OSivI on the <br /> other. By contrast, Pitkin County is listed as a Class 1 creditor holding a senior statutory property <br /> tax lien. Pitkin County fully participated in Mid-Continent's bankruptcy and was able to obtain the <br /> highest creditor status to protect its interest in collecting property tares. It did not,however, become <br /> a Class 5 creditor and it is far too late to become one now. Further,under the Surface Coal Mining <br /> Reclamation Act, Pitkin County had ample opportunity to comment on the reclamation plan <br /> approved as part of permit C-81-017. (See C.R.S. § 34-33-118.) After participating in both the <br /> permit process and Mid-Continent's bankruptcy, Pitldn County has fully exercised its rights and <br /> cannot now complain that it has been left out. <br /> C. Any notice and comment provisions in the statute do not give Pitkin County the <br /> right to litigate claims one through four- <br /> The Colorado Surface Coal Mining Reclamation Act allows for public comment on permits <br /> and reclamation plans under certain circumstances. If Pitkin County attempts to assert an interest <br /> under these provisions,it fails here too. To the extent changes in the reclamation plan become an <br /> issue in this litigation,the County cannot then argue it has a right to comment under the statute_ For <br /> example, C.R.S. § 34-33-115 discusses revisions of a permit and includes provisions for notice and <br /> hearings. That statute cannot apply though because it starts with the phrase, "During the tens of the <br /> permit. . _" Here,Mid-Continent's mining permit was revoked by DMG long ago. Therefore, this <br /> section cannot apply. Similarly; C.R.S. § 34-33-116 discusses technical revisions of permits but <br /> 6 <br />