_GENERAL DOCUMENTS - C1981017 ‎(234)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎ 1997 Correspondence
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

$3 , 000 , 000 , but not to exceed the actual cost of reclamation be
made available on a negotiated basis by the Bankruptcy Creditors'
Trustee to DMG.1,2
Also under the reclamation statutes and under the
Bankruptcy Reclamation Plan, consideration is to be given to
post-mining uses favored or recommended by the owner of the land,
the U. S . Forest Service . 3
The Bankruptcy Liquidation Plan also makes provision
for completion of reclamation by a prospective purchaser - the
USFS . 4
Proceedings are under way to establish through an
accounting the amounts of money expended for reclamation, and the
amounts required to complete reclamation in accordance with the
approved Plan.
1 4.3.5 Residual Funds. In the event that the Mine Site is fully reclaimed without
expending all funds distributed to the MLRB under the Plan, the balance of such funds shall be
used, first, to complete any distributions owed to Class 9 under the Plan; second, to supplement
the funds reserved for Class 6 claims pursuant to Section 4.4 of the Plan; and third, to pay
Sanwa on account of Sanwa's Class 4 claim.
2 4.3.4 Timing of Distributions and E2Wenditure of Funds. The distribution of
funds to be provided pursuant to Section 4.3.2 of the Plan shall be timed to permit
the timely performance of the reclamation Plan according to a reclamation schedule to
be negotiated among the Debtor, the DMG, and the MLRB. In general, ,the reclamation
schedule shall provide for the completion of principal reclamation activity at the
Mine Site prior to December 1, 1996. Funds received by the MLRB pursuant to Sections
4.3.1 and 4.3.2 of the Plan shall be expended by the MLRB pursuanat to the Reclamation
Plan and such reclamation schedule.
3 CRS 34-33-120 (2) (b) "Restore land affected to a condition capabale of
supporting the uses which it was capable of supporting prior to any mining, or higher
or better uses of which there is reasonable likelihood, so long as such use or uses do
not present any actual or probable hazard to public health or safety or pose any
actual or probable threat of water diminution or pollution which would be contrary to
state or federal laws, rules, or regulations, and so long as the permit applicant's
declared proposed land use following reclamation is not deemed to be impractical or
unreasonable, is not inconsistent with applicable land use policies and plans, does
not involve unreasonable delay in implementation, and is not violative of federal,
state, or local laws."
4 4.3.7 Assumption of Reclamation by Purchaser. Nothing in the Plan shall
preclude the sale of property within the Mine Site on terms requiring the assumption
of reclamation obligations by the purchaser, which terms shall be subject to approval
of the MLRB and the Creditors' Trustee. In the event of such assumption, the amounts
otherwise payable to the Class 5 claimants shall be reduced by the value of the
obligations assumed, as determined by the MLRB and the Creditors' Trustee.