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Mr.Brian Lorch <br /> October 27,2004 <br /> Page 2 <br /> i <br /> Further,if the voluntary cleanup plan is not initiated within twelve months after approval by the Department,or <br /> completed within twenty-four months after approval or within a Department approved extension for completion <br /> of the voluntary cleanup plan,the approval shall lapse,and reapplication and Department approval pursuant to 25- <br /> 1 6-306(4),C.R.S.is required prior to implementation of the lapsed voluntary cleanup plan. <br /> Within forty-five days after completion of the voluntary cleanup described in the plan approved by the <br /> Department,the Applicant shall provide to the Department a certification from a qualified environmental <br /> professional that the voluntary cleanup plan has been fully implemented.Any person who fails after initiation of <br /> an approved voluntary cleanup plan,to fully and properly implement the plan,may be required by the Department <br /> to take further action,provided such action is authorized or required under applicable state laws and regulations. <br /> The Applicant shall comply with all applicable federal,state,and local laws or regulations and shall obtain all <br /> necessary approvals or permits to conduct the activities required by the voluntary cleanup plan. The Department <br /> makes no representation with respect to approvals or permits required by federal or local laws or regulations or <br /> state laws or regulations other than the Voluntary Cleanup and Redevelopment Act. <br /> Further,the Department shall not be liable for any injuries or damages to persons or property resulting from acts <br /> or omissions of the Applicant or those acting for or on behalf of the Applicant,including its officers,employees, <br /> agents,successors,representatives,contractors,or consultants in carrying out the activities required by the <br /> voluntary cleanup plan. Nothing in the Department's approval of the voluntary cleanup plan,or the Department's <br /> conclusions or opinions relating thereto,shall constitute an express or implied waiver of sovereign immunity <br /> otherwise applicable to the Department,its employees,agents,or representatives. <br /> Nothing in this letter shall be construed to limit the Department's authority,and the Department reserves all rights <br /> and authorities to bring any action pursuant to applicable state laws or regulations. <br /> If you have any questions,please call me at(303)692-3426. <br /> Sincerely, <br /> I <br /> Kevin Mackey <br /> Environmental Protection Specialist <br /> CC: RV040914-1 <br /> t <br />