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5TATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources POW 74,TA <br /> 1 313 Sherman St, Room 215 <br /> Denver,Colorado 80203 <br /> Phone (303)860-3567 <br /> FAX-(303)832-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br /> May 6, 1996 Roy Romer <br /> Governor <br /> Mr. Louis LaGiglia <br /> James S Lochhead <br /> Trustee Executive Director <br /> Mid-Continent Resources Michael B Long <br /> P.O. BOX 500 Division Director <br /> Carbondale, Colorado <br /> 81623 <br /> RE: Rock Tunnel Entry Reclamation <br /> Dear Mr. LaGiglia: <br /> The Division plans on reclaiming the Rock Tunnel entry area and the <br /> Rock Tunnel Waste Rock Dump, both located within the privately held <br /> 405 acre parcel, during the 1996 construction season. <br /> To this end, on April 16, 1996, the Division advised Machinery and <br /> Equipment Co. and A. M. King Industries, Inc. (salvage company) of <br /> its intention to reclaim the Rock Tunnel entry area this year. We <br /> requested that the salvage company remove certain items from the <br /> vicinity of the Rock Tunnel in order to facilitate the reclamation <br /> process. As you are probably aware, a small portion of the <br /> overland conveyor, a limestone hopper, portions of the electrical <br /> substation and a significant amount of material best described as <br /> scrap remain in place at the Rock Tunnel area. <br /> On May 1, 1996, The Division received a response from A. M. King <br /> Industries. In that correspondence, King stated that they were <br /> willing to remove the materials in question located at the Rock <br /> Tunnel area, but only after receiving written approval from <br /> yourself, as trustee for Mid-Continent Resources. Mr. King also <br /> mentioned that Resources and A. M. King are involved in arbitration <br /> due to a contract dispute. <br /> On May 2, 1996, The Division received a copy of a correspondence <br /> from yourself to A. M. King Industries. In that correspondence, <br /> you requested that King proceed with the work described by the <br /> Division. <br /> On May 6, 1996, the Division received a letter from A. M. King in <br /> which they indicate that they are unwilling to remove the scrap and <br /> other salvageable materials from the Rock Tunnel area at this time, <br /> stating that your May 2, 1996 letter was not the concurrence they <br /> needed in order to do the work. A. M. Kings' position is <br />