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-11/30/98 18:35 FAX 3037962777 BURNS FICA S WILL Z 002/014 <br /> BURNS, FIGA & WILL, P,C. <br /> ATfoRNEYS AT LAW <br /> PLAzA TOWER, SUITE 1 030 <br /> 6400 SOUTH FIDDLERS GREEN CIRCLE <br /> ENC,LEWOOD, COLORADO BOI I I <br /> GEOFFREY P. ANDER50N November 30, 1998 TELEPHONE (303) 7@5.2626 <br /> FAcs)ra)LE (303) 793-2777 <br /> DIRECT (303) a 14--5989 <br /> I <br /> VIA FACSIMILE: (303) 866-3558 <br /> Cheryl A.Linden;Esq. <br /> Office of the Attorney General <br /> Natural Resources Section <br /> 1525 Sherman Street, 5 h Floor <br /> Denver, CO 80203 <br /> Re: Mid-Continent Coal Load-out Facility in Carbondale, Colorado <br /> Dear Cheryl: <br /> As you know, this firm represents Mid-Con Realty, LLC, the company that currently <br /> owns the load-out facility in Carbondale, formerly owned by Mid-Continent Resources, Inc. As <br /> we discussed on the telephone; Mid-Con Realty is in the process Of completing reclamation of <br /> the load-out property with its own funds by filling in the large cavil), that had been used as a coal <br /> bin. Further, all buildings that will not be used for post-mining us es have been removed. It is <br /> Mid-Con.'s understanding that completion of these two activities will fulfill DMG's reclamation <br /> requirements for this site. <br /> In order to clear title to the real estate, Mid-Con Realty would like to obtain written <br /> assurance and disclaimer from DMG that it will assert no fuulher ' eclamation requirements on <br /> this property. Mid-Con understands that DMG wall require an inspe tion of the property and will <br /> cooperate fully vith such an inspection. Therefore, please notify me when a DMG <br /> representative can visit the property so that the visit can be coordinated with Mid-Con personnel. <br /> Mid-Con's ultimate goal is to receive written confirmation from DMG that it claims no further <br /> interest in the property so that the document can be recorded in tho real estate records and that <br /> any subsequent purchasers of the property can receive title free of y DMG claim and that any <br /> subsequent purchasers can also obtain a title insurance policy without an exception For any <br /> claims made by DMG- <br /> Finally,'as we discussed recently on the telephone, resolving the issue of whether DMG is <br /> satisfied with the reclamation at the load-out facility or whether add tional work needs to be done <br /> is an issue that should probably be included in the pending Pitkin County litigation unless DMG <br /> and Mid-Con Realty can otherwise reach an agreernent- I suggested a stipulation between Mid- <br /> Con Realty and DMG where DMG would agree not to object to a liter amendment by Mid-Con <br /> i <br />