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III IIIIII~~IIIIIIII <br />Gale A. Norton <br />Attorney General <br />Raymond T. Slaughter <br />Chief Deputy Attorney General <br />Timothy M. Tymkovich <br />Solicitor General <br />~L <br />~,~ <br />c,3 <br /> <br />alit ~tutr of (~nlnrtt~n <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />December 24, 1991 <br />B. J. Fett, Esq. <br />105 E. Vermijo <br />Suite 600 <br />Colorado Springs, Colorado 80903 <br />RE: Mined Land Reclamation Division v. <br />et <br />Dear Mr. Fett: <br />110 16th Slreet - 10th FlOOr <br />Denver, Coloratlo 60202 <br />Phone 620-4500 <br />FAX (303) 620-4 t30 <br />Ft~CEI~c~, <br />oEC a o ~ss~ <br />Mined Land <br />Reclamation Di1~i_°- <br />This is to clarify the position of the MLRD with respect to the <br />La Plata County District Court action and the November 26 assess- <br />ment conference concerning the enforcement action initiated by <br />the MLRD. <br />The First National Bank of Florence ("the Bank") has assumed the <br />obligation to reclaim the coal mine previously operated by La <br />Plata Coal Corporation in lieu of providing the MLRD with the <br />proceeds of a letter of credit drawn on the Bank. By assuming <br />the reclamation obligation, the Bank also assumed the obligation <br />to maintain the site in compliance with all applicable regulatory <br />requirements pending final reclamation. The Bank has encountered <br />a problem with the reclamation of the site because Mr. Strohecker <br />and Dugan Production both have possible claims to the ownership <br />of a large conveyor located on the site. The MLRD, through this <br />office, offered to assist the Bank by filing an action in La <br />Plata County District Court for an appropriate declaratory order <br />concerning title to the conveyor. The MLRD filed the action in <br />an effort to cooperate with the Bank and to achieve timely recla- <br />mation of the site. <br />Since the filing of the action both Mr. Strohecker and Dugan Pro- <br />duction Corp. have agreed to give up any claims they may have to <br />the conveyor. Furthermore, Mr. Strohecker has agreed that he <br />will remove the conveyor, at no expense to the Bank, if Dugan <br />agrees to convey its interest in the conveyor to him. Such an <br />arrangement would appear to be beneficial to all parties. The <br />MLRD has no objection to such an arrangement and will draft an <br />appropriate settlement agreement upon your concurrence to such a <br />