_GENERAL DOCUMENTS - C1981017 ‎(170)‎

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

(i) One Class 11 claimant accepted the Plan, which is
12 .5% of the number of such claimants voting on the
Plan. Seven Class 11 claimants rejected the Plan.
(ii) The claim held by the accepting Class 11 claimant
totals $155, 149 , which is 5.7% of the amount of
Class 11 claims voting on the Plan. Claims held by
rejecting Class 11 claimants total $2 ,552,499 .
See Paragraph 7 below.
1. Class 12 -- Mid-Continent Minerals and Related
Persons. Class 12 consists of the claims of the Debtor's
parent, Mid-Continent Minerals, Inc. , other corporate
affiliates, and shareholders of Mid-Continent Minerals.
The only ballot received was from Mid-Continent Minerals,
in the amount of $247,200, accepting the Plan. Class 12
receives nothing under the Plan and thus is presumed to
have rejected the Plan. See Paragraph 7 below.
M. Class 13 -- Interests. Class 13 consists of the
interest of Mid-Continent Minerals as the 100%
shareholder of the Debtor. No ballot was received with
respect to this interest. Class 13 receives nothing
under the Plan and thus is presumed to have rejected the
Plan. See Paragraphs 7 and 8 below.
3 . Based on the foregoing, Classes 1, 2, 3, 41 7 , 8, 9
have accepted the Plan or are deemed to have accepted the Plan.
Classes 10, 11, 12, and 13 have rejected the Plan or are deemed to
have rejected the Plan.
4 . A question exists with respect to acceptance by
Class 5, because the claims of the DMG and the OSM coterminous, and
the DMG accepted the Plan while the OSM rejected the Plan. The
Debtor submits that Class 5 should be deemed to have accepted the
Plan because of the particular regulatory scheme governing
reclamation. Pursuant to 30 USC S 1253(a) , Colorado has "exclusive
jurisdiction over the regulation of surface coal mining and
reclamation operations, " except as provided in 30 USC SS 1271,
1273, and 1231 et seq. Section 1273 pertains to mining on Federal
lands; Section 1231 pertains to the abandoned mines program;
Section 1271 deals with federal intervention in situations
involving imminent danger to public health or safety or imminent
harm to land, air, or water resources, or State programs as to
which the U.S. Department of Interior has held hearings and made
findings that the State is failing to enforce its program and has
not demonstrated its capability and intent to enforce its program.
None of these situations apply here. The DMG's acceptance of the
Plan therefore should override the OSM's rejection of the Plan.
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