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Page 3 <br /> Paragraph 11, the first two lines should be changed to "DMG agrees that it intends to conduct <br /> the following reclamation activities within Coal Basin:" <br /> Pagel, under AGREEMENT <br /> I am not sure we want to raise this now or complete the agreement, receive the money, <br /> then state the reclamation the Division intends to do on MidCon's property. If we wait, <br /> we could be setting ourselves up for a dispute with MidCon that we don't need. Why <br /> not take care of it upfront. Thoughts? In the continuation of paragraph 11, first line, <br /> language needs to be added that the reclamation DMG intends to perform on MidCon <br /> property is described in exhibit , and that MidCon agrees to DMG's plan for reclamation <br /> of its property and agrees not to object or in any way attempt to prevent the reclamation from <br /> being performed by the Division. <br /> Paragraph 12 should reflect our agreement during the mediation that the Division is not <br /> required to submit a draft of all bids for Coal Basin reclamation to MCR, but only the second <br /> to the last draft of the bid for reclamation to be performed on MidCon property. Since the <br /> rest of the reclamation is to be done on U.S. Forest Service land, MCR, the Trustee and <br /> MidCon have no say as to this reclamation. Accordingly, the sixth line should read <br /> "reclamation season. The second to the last draft of the bids pertaining to reclamation work <br /> to be conducted on MidCon's property shall be made available to MidCon and its <br /> reclamation experts ...." The reference to "MCR" in the last two lines of the paragraph <br /> should be changed to "MidCon." <br /> Paragraph 13 should reflect that the Division will use funds toward completing reclamation, <br /> rather than stating that reclamation will be completed. As stated earlier, the Division has <br /> every desire to complete reclamation with the funds provided under the liquidation plan. <br /> However, the Division cannot guarantee that it will be able to do so. Accordingly, the third <br /> line should read"as long as the funds are used toward completing reclamation with the <br /> remaining funds from MCR's bankruptcy...." As stated earlier and as agreed upon by the <br /> parties, the Division has the sole discretion as to implementation of reclamation with <br /> available funds. Accordingly, the suggested changed in the language is consistent with our <br /> agreement. <br /> Page 8, under AGREEMENT <br /> Paragraph 15, in line 7, should be changed to state that MCR has been in contact with <br /> CDPHE, and not "the parties." The issue in this sentence is MCR's NPDES permit and <br /> MCR's contact with the health department. The Division did not discuss MCR's permit. <br /> Also, in line 10, DMG is agreeing to apply for stormwater permit(s) under the terms and <br /> conditions set forth in the Division's letter of May 3 to CDPHE. DMG's agreement to apply <br /> for the permits satisfies your concern about MCR and the Division "share the risk" <br />