Laserfiche WebLink
09.21/98 14:43 FAX 3037962777 BLRNS FIGA & WILL Z 007/012 <br /> jL <br /> PERMIT RECLAMATION <br /> ]8. MCR began Coal Basin reclamation work as required by its MLRB permit in 1992 C' <br /> after it became apparent the mine property could not be sold as an operating entity. Reclamation <br /> work by MCR and M&FJKing continued during the summer work seasons. In 1994 as MCR <br /> prepared for the summer work season, DMG refused to approve that summer's proposed work and <br /> on or about July 18, 1994 it announced and took over Coal Basin reclamation work. <br /> 19. Among the Plan aims is liquidation of the assets of the bankrupt estate and permit <br /> r. <br /> reclamation of the Coal Basin mine property. Reclamation is an integral part of the Plan (see e.- <br /> Plan §§ 1.25, 1.30 and 4.3.2). <br /> 20. DMG reclamation work began in 1995 and continued in the 1996 and 1997 work t <br /> seasons. DNIG continued reclamation work in 1998 and has solicited and awarded bids for Coal <br /> Basin reclamation work for the 1998 work season. <br /> 4° <br /> 21_ The effect of the Plan is to "cap" or set a maximum amount owed by the <br /> Creditors' Trust to DMG for Coal Basin mine property reclamation(up to $3,000,000,Plan § 4.3.5) <br /> based upon costs and value of reclamation work performed by the State of Colorado less (a) cash <br /> proceeds from the sale of the so-called Rockdust Plant and its real property (id. § 4.3.2), (b) the <br /> value of the remedial work performed by M&FJKing (id. § 4.3.2(ii)), and (c) the value of <br /> remedial/reclamation work performed by MCR(id. § 4.3.2(iii)). <br /> F <br /> 22. "Reclamation Bond" referred to in Plan section 4,3.2 is defined in Plan section <br /> 1.30. The Plan also states(§ 4.3.5): E' <br /> e <br /> 4.3.5 Residual Funds. In the event that the Mine Site is fully reclaimed <br /> without expending all funds distributed to the MLRB under the Plan, <br /> the balance of such funds shall be used, first, to complete any <br /> distributions owed to Class 9 under the Plan; second, to supplement the F <br /> funds reserved for Class 6 claims pursuant to Section 4.4 of the Plan; <br /> and third, to pay Sanwa on account of Sanwa's Class 4 claim. [Double <br /> underlining added.] <br /> F <br /> FIRST CLAIM FOR RELIEF <br /> (Accounting) f. <br /> E• <br /> t• <br /> 23. MCR and the Creditors'Trustee hereby incorporate all previous averments as if set " <br /> forth in full. f' <br /> 24. Defendants believe DMG has unspent monies on hand from property sales <br /> P <br /> proceeds paid it by or on behalf of Defendants. (: <br /> f <br /> I� <br /> w <br /> E <br /> A.IENDED <br /> C1vIL No.97 Cv 131-3 THIRI)-PARTY COMPLArNT <br /> l; <br /> i; <br />