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MAR -02 -1999 16:14 ROBERT DELANEY <br />Mr. Kevin Riordan <br />March 2, 1999 <br />Page - 2 <br />970 945 2303 P.03 <br />The cost of completion of reclamation will be paid from <br />monies held by DMG and held by the Bankruptcy Trustee. <br />We anticipate that reclamation can be completed for a <br />sum substantially less than the remaining balance in the <br />Reclamation Fund. The amount above the amount required to <br />complete reclamation under the Bankruptcy Liquidation Plan would <br />become payable to other creditors; in this case, to Mid - Continent <br />Coal and Coke Company based on subrogation rights derived by <br />payment of creditors claims in the bankruptcy proceeding. <br />The Mid - Continent companies have a substantial interest <br />in preserving historical values and protecting the ecology of <br />Coal Basin and to that end, would waive or contribute the <br />unexpended balance to a trust fund to be used for the following <br />general purposes: <br />a. To pay or defend against any additional <br />reclamation claims, environmental claims hereafter asserted <br />against the Mid- Continent companies, their officers or <br />agents related to their mining operations. <br />b. To maintain the coke ovens at Redstone and the <br />Miner's Monument adjacent to the coke ovens. <br />c. To renovate the lamp house to a condition where it <br />would accommodate articles or displays of a historic nature <br />pertaining to mining in Coal Basin and would serve as an <br />educational facility, and as a trail head or starting place <br />for trails and roadways to allow limited restricted access <br />by the public to Coal Basin. In particular, it would be <br />hoped that the roadways to No. 1 and No. 2 Mines and <br />possibly the roadway to No. 4 Mine could be reclaimed in a <br />condition that would allow jeep access during summer months <br />to be provided by a concessionaire who would pay part of <br />user fees to a road and trail maintenance fund so as to <br />provide assurance that no costs would be incurred by USFS <br />for those purposes. <br />d. If, after acquisition, USFS elects not to allow or <br />permit the uses mentioned in Paragraph c, or if Special Use <br />Permits granted for such purposes are thereafter revoked for <br />violation of their terms, then monies from the trust fund <br />would be expended for removal of the lamp house, power <br />