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1�AR�2�a=@9 13.09 FROM-ONR 3039652115 T-964 P,07/09 F-062 <br /> September E, lggs <br /> BACKGROUND INFORMATION DATING TO CVEPA15 REQUEST THAT PITKIN <br /> COUNTY OPPOSE MCR'S ATTEMPT To STOP RECLAMATION WORK IN COAL <br /> BASIN <br /> The Case in Pitkin County Q}striet Court and NCR's Recent Moves <br /> The case in which cVEpA is asking Pitkin County to became <br /> active (97CV131-3) is the one which Pitkin County brought against <br /> NCR to collect delinguent tares. Acting as a third-party <br /> plaintiff, NCR sued DMG and, in an amended complaint to the court <br /> dated August 1.2, 1998, MCR is asking the court to stop the DMG <br /> from revegetating steep slopes and is demanding a refuted of <br /> monies already spent an such efforts_ Puvther, xcR is accusing <br /> the DMG of wasting money on the reclamation by "accepting bids <br /> for higher than reasonable for the 'work performed_ " (The full <br /> text of the Amended Third-Party Complaint and an accompanying <br /> Motion to Amend Third-Party Complaint have of course been sent to <br /> the Pi>rkin County Attorney.) <br /> Tip .jot MCR�s Amin For <br /> In short, XcR is seeking a court order to step all <br /> reclamation work paid for from the $3 million reclamation account <br /> set up under the bankruptcy liquidation Galan. This would of <br /> course have the effect of leaving undone many tasks Which are <br /> essential to erasion and pollution control, such as stabilizing <br /> and revegetating steep slopes below thine benches. If successful, <br /> MCR would thus hope to limit its liability- for further <br /> reclamation costs and that of its holding company, Mid-Continent <br /> Minerals, and the liability of MCR*s principal owners, the <br /> Delaneys and Reeves. <br /> Pj,tki n County 1 s a Xtunity to Act <br /> NCR's contention that the Reclamation Plan "nowhere aa2ls <br /> for, allows, or authorizes steep slope revegetation- is certainly <br /> an outrage to any common sense understanding of what reclamation <br /> 3``9quires. Yet, lest common sense needlessly fall victim to a <br /> too-narrow construction of terms, and to avoid the substantial <br /> harm that would result from the count's embracing MCR's <br /> Contention, we believe that it is a valuable opportunity for <br /> Pitkin county to help the court conclude that reclaenat.ion means, <br /> among other things, stabilizing and revegetating steep slopes and <br /> that the DMG is entitled to the funds set aside to do these <br /> things. <br /> 10's PrOJect Mar}aySPLI s perforMance <br /> Regarding ftCR's other contentions and claims, we believe <br /> that they are substantially, if not, totally, without merit. It <br /> is our Conviction that DMG's Project Manager, Steve Renner, is a <br /> highly dedicated and conscientious public servant who has had to <br /> b0 'd ii:iT 66, 5Z JPW 8ss199820i:XPd <br />