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• <br />Mr. Michael Long <br />Mr. Kevin Riordan <br />April 20, 1998 <br />Page - 3 <br />Fax:3038663558 Nov 17 '98 16:06 P.04 <br />The Forest Service requires as a condition to <br />acceptance of the property that the Deed of conveyance contain <br />the following: <br />"The United States is acquiring title to the above <br />described property prior to completion of reclamation work <br />necessitated by past coal mining activities. Said <br />acquisition of title does not constitute assumption of any <br />responsibility or liability by the united States now or in <br />the future, for completion of mined land reclamation work on <br />the property. All mined land reclamation work on the <br />property is to be completed pursuant to the approved <br />Reclamation Plan, or any amendment thereto, which is being <br />administered by the State of Colorado, Division of Minerals <br />and Geology." <br />The Trustee, or the LLC, is and will be unwilling to <br />convey the property to the Forest Service with that condition <br />unless there is a clear and explicit agreement as to the specific <br />tasks that need to be completed, the cost thereof, and the time <br />frame within which they will be performed. <br />In the absence of a contract of exchange with the <br />Forest Service, Mid - Continent /Trustee and the LLC will proceed on <br />the basis that the remaining Prep Plant tract acreage will remain <br />in private ownership and want assurance that property values will <br />not be further diminished by reclamation activities. <br />Specifically, we request that the Lamphouse, road to the <br />Lamphouse, power lines not be disturbed. Also, at the Prep <br />Plant, that the water tank, existing building, be left in place; <br />that road access be maintained; that provision be made to <br />accommodate a parking lot; that one or more of the Wells be left <br />in an accessible condition. <br />To facilitate discussions on this, the DMG agreed to <br />provide us with copy of the plans and documents covering the work <br />for this summer. Based on the description given by Mr_ Renner, <br />"`-' we anticipate approval at the meeting, including use of topsoil <br />