_GENERAL DOCUMENTS - C1981017 (178)

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,FROM 'NRTURRL 303 866 S128 19SS.06-27 0S=4S #203 P.03105 JUN-td-7l5 lbeY.7 rieVr = Gayya+F •••••••••••• .••• ••••"• -- 3. Colorado Division of Minerals has taken over the reclamation project and has access to all the reclamation funds which have been made available through the bankruptcy court. 4. (' lW State is estopped from increasing its damages for the alleged cost of reclamation, as that amount has been fixed by I the bankruptcy of Resources, which is a wholly owned l subsidiary of Defendant Mid-Continent Minerals Corporation.. S. The Court specifically finds that the individual defendants „vtm are alleged to be agents of the corporate defendant for purposes of the reclamation have not violated any orders. The majority of additions which defendants seek in their Motion to Amend Judgment contain disputed findings of fact which the Court did not deem necessary to reach its judgment. As such, the Court declines to add these findings and conclusions to its judgment. However,the Cotut wishes to further clarify it's judgment with respect to the estoppel of the state to seek greater damages that those claimed in the bankruptcy case, The fallowing additional findings and conclusions will be added to the ainvaded judgment: 1. In issuing and renewing Resouras permit to,operate the mine, the state Division of Minerals and Geology reviewed the cost of reclamation on several occasions and estimated the cost to be approximately three million dollars each time. 2. Tile State claimed three million dollars for reclamation in the Mid-Continent Resources bankruptcy case. 3,When this action was filed,Plaintiff requested,in the t altcmative,three nullion dollars for reclamation costs, 4, By its previous conduct with respect to the Defendants, the State represented that it would seek only a total of three n dlion dollars for reclamation costs from Defendants. Defendants relied oil such representation by ordering their 2