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or for work that will affect discharge points for which MCR holds a permit shall be made <br />available to MidCon and MCR and their reclamation experts for their review and comment <br />before the final bid documents are made available to the public. DMG will consider, and to the <br />extent feasible, may incorporate comments from MidCon and/or MCR and their experts, but <br />such comments are not binding on DMG. Such comments shall be submitted within eight <br />working days after receipt of the bid draft(s) by MidCon. <br />14. MCR, the Trustee and MidCon agree that DMG may use its discretion in funding <br />the various reclamation activities as long as the funds are used toward completing reclamation <br />with the remaining funds from MCR's bankruptcy as set forth in paragraph 4, above. <br />15. DMG agrees that it will not raze, tear down or otherwise destroy the following <br />improvements currently located on MidCon property: the Lamp House, the road, culverts, low <br />water crossings and power lines leading to the Lamp House, the currently existing metal building <br />near the former Preparation Plant and water tank. MidCon hereby releases DMG from any <br />obligation or responsibility concerning these improvements, including any reclamation or <br />demolition requirement of these improvements. <br />16. The parties acknowledge that on October 23, 1998 MCR submitted an application <br />for a permit for renewal of Permit No. CO- 0000396 with the Colorado Department of Public <br />Health and Environment ( "CDPHE "). MCR requested permit renewal for outfalls on the private <br />property now owned by MidCon within Coal Basin and requested release under the permit of all <br />other outfalls, ponds, and compliance points on the basis that such points are now located on <br />property owned by the U.S. Forest Service and DMG has exercised effective control of Coal <br />Basin reclamation since 1994. The parties have been in contact with CDPHE and it advises that <br />it is considering such release if the outfalls are changed to stormwater permits and DMG <br />8 <br />