_GENERAL DOCUMENTS - C1981017 ‎(231)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎ 1998 Correspondence
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

September 2 , 1998
BACKGROUND INFORMATION RELATING TO CVEPA' S REQUEST THAT PITKIN
COUNTY OPPOSE MCR'S ATTEMPT TO STOP RECLAMATION WORK IN COAL
BASIN
The Case in Pitkin County District Court and MCR' s Recent Moves
The case in which CVEPA is asking Pitkin County to become
active (97CV131-3) is the one which Pitkin County brought against
MCR to collect delinquent taxes. Acting as a third-party
plaintiff, MCR sued DMG and, in an amended complaint to the court
dated August 12 , 1998 , MCR is asking the court to stop the DMG
from revegetating steep slopes and is demanding a refund of
monies already spent on such efforts. Further, MCR is accusing
the DMG of wasting money on the reclamation by "accepting bids
for higher than reasonable for the work performed. " (The full
text of the Amended Third-Party Complaint and an accompanying
Motion to Amend Third-Party Complaint have of course been sent to
the Pitkin County Attorney. )
What MCR is Aiming For
In short, MCR is seeking a court order to stop all
reclamation work paid for from the $3 million reclamation account
set up under the bankruptcy liquidation plan. This would of
course have the effect of leaving undone many tasks which are
essential to erosion and pollution control, such as stabilizing
and revegetating steep slopes below mine benches. If successful,
MCR would thus hope to limit its liability for further
reclamation costs and that of its holding company, Mid-Continent
Minerals, and the liability of MCR's principal owners, the
Delaneys and Reeves.
Pitkin County' s Opportunity to Act
MCR's contention that the Reclamation Plan "nowhere calls
for, allows, or authorizes steep slope revegetation" is certainly
an outrage to any common sense understanding of what reclamation
requires. Yet, lest common sense needlessly fall victim to a
too-narrow construction of terms, and to avoid the substantial
harm that would result from the Court's embracing MCR's
contention, we believe that it is a valuable opportunity for
Pitkin County to help the court conclude that reclamation means,
among other things, stabilizing and revegetating steep slopes and
that the DMG is entitled to the funds set aside to do these
things.
DMG's Project Manager' s Performance
Regarding MCR's other contentions and claims, we believe
that they are substantially, if not totally, without merit. It
is our conviction that DMG's Project Manager, Steve Renner, is a
highly dedicated and conscientious public servant who has had to