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PERMIT RECLAMATION <br /> 18. MCR began Coal Basin reclamation work as required by its MLRB permit in 1992 <br /> after it became apparent the mine property could not be sold as an operating entity. Reclamation work <br /> by MCR and M&E/Mng continued during the summer work seasons. In 1994 as MCR prepared for <br /> the summer work season, DMG refused to approve that summer's proposed work and on or about <br /> 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 /> reclamation of the Coal Basin mine property. Reclamation is an integral part of the Plan (see e.g., Plan <br /> §§ 1.25, 1.30 and 4.3.2). <br /> 20. DMG reclamation work began in 1995 and continued in the 1996 and 1997 work <br /> seasons. DMG continued reclamation work in 1998 and has solicited and awarded bids for Coal Basin <br /> reclamation work for the 1998 work season. <br /> 21. The effect of the Plan is to "cap" or set a maximum amount owed by the Creditors' <br /> Trust to DMG for Coal Basin mine property reclamation (up to $3,000,000, Plan § 4.3.5)based upon <br /> costs and value of reclamation work performed by the State of Colorado less (a) cash proceeds from <br /> the sale 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 /> 22. "Reclamation Bond" referred to in Plan section 4.3.2 is defined in Plan section 1.30. <br /> The Plan also states(§4.3.5): <br /> 4.3.5 Residual Funds. In the event that the Mine Site is fully reclaimed <br /> without exnendine all funds distributed to the NLRB under the Plan, the <br /> balance of such funds shall be used, first, to complete any distributions <br /> owed to Class 9 under the Plan; second, to supplement the funds reserved <br /> for Class 6 claims pursuant to Section 4.4 of the Plan; and third, to pay <br /> Sanwa on account of Sanwa's Class 4 claim. [Double underlining added.] <br /> FIRST CLAIM FOR RELIEF <br /> (Accounting) <br /> 23. MCR and the Creditors' Trustee hereby incorporate all previous averments as if set <br /> forth in full. <br /> 24. Defendants believe DMG has unspent monies on hand from property sales proceeds <br /> paid it by or on behalf of Defendants. <br /> AMENDED <br /> -5- <br /> CIVIL No. 97 CV 131-3 THM-PARTY COMPLAINT <br />