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F C <br /> .p <br /> d <br /> O <br /> GALE A. NORTON STATE OF COLORADO STATE SERVICES Bun,DING <br /> Attorney General 1525 Sherman Street-5th Floor <br /> DEPARTMENT OF LAW Denver Colorado 80203 <br /> STEPHEN K. ERKENBRACK Phone(303) 8664500 <br /> Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691 <br /> TIMOTHY M. TYMKOVICH <br /> Solicitor General <br /> February 14, 1995 <br /> Louis M. LaGiglia <br /> Creditor' s Trustee <br /> Mid-Continent Resources <br /> 1058 County Road 100 <br /> Box 500 <br /> Carbondale, Colorado 81602 <br /> RE: Reclamation of Resources' mine site <br /> Dear Mr. LaGiglia: <br /> I have received a fax of your letters of January 23 and 27, <br /> 1995, concerning reclamation of the Mid-Continent Resources mine <br /> site . Your letter of January 23 provides that the liquidation <br /> plan "contemplates" that a reclamation schedule be negotiated <br /> between the Division of Minerals and Geology and Resources . To <br /> the extent that you are asserting that the reclamation schedule <br /> is required under the liquidation plan, I disagree. <br /> The liquidation plan mandates that the Mined Land <br /> Reclamation Board receive $3 million less certain amounts from <br /> the plan. See sections 4 . 3 . 1 and 4 . 3 .2 . The plan then provides <br /> that to the extent that liquidation funds are available, such <br /> funds shall be distributed to permit the timely performance of <br /> the reclamation plan according to "any" reclamation schedule <br /> negotiated between Resources, the Division and the Board. <br /> This latter language does not require that a reclamation <br /> schedule be negotiated, but simply accounts for the possibility <br /> that one may be negotiated. In any event, we are cognizant that <br /> such a schedule is beneficial for a number of reasons . It <br /> facilitates reclamation; it informs the bankruptcy court and <br /> Resources about the Division' s plan for reclamation; it informs <br /> the public of the reclamation plan; and it facilitates <br /> discussions with the U.S. Forest Service about the possibility of <br /> a land exchange. <br /> As your January 27 letter acknowledges, the Division has <br /> constructed a reclamation schedule which sets forth all of the <br /> tasks necessary to reclaim the site to applicable standards . You <br />