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plan as modified and begin to implement the modified plan; <br /> b. In the case of a disapproval only, submit a revised plan for Division review and approval. <br /> MineWater may not select this option if the Division has included in its disapproval an <br /> alternate plan that shall be implemented by MineWater; or <br /> c. Submit a notice of dispute of the disapproval or approval with modifications. <br /> If MineWater fails to do any of the above within the specified time, MineWater shall be deemed <br /> to have failed to comply with the Consent Order and Settlement Agreement, and the Division may <br /> bring an enforcement action, including an assessment of penalties. <br /> 81. If MineWater submits a revised plan, the plan shall respond adequately to each of the issues raised <br /> in the Division's written explanation of the disapproval or approval with modifications. The <br /> Division may determine that failure to respond adequately to each of the issues raised in the <br /> Division's written explanation constitutes a violation of this Consent Order and Settlement <br /> Agreement. The Division shalt notify MineWater in writing of its approval, approval with <br /> modifications, or disapproval of the revised plan. If the Division disapproves the revised plan, it <br /> may include in its disapproval a plan for implementation by MineWater. Such disapproval and plan <br /> shalt be deemed effective and subject to appeal in accordance with the Act and the Colorado <br /> State Administrative Procedures Act, §§ 24-4-101 through 108, C.R.S. (the "APA"), unless <br /> MineWater submits a notice of dispute, pursuant to paragraph 80 above, of the Division's <br /> disapproval and plan for implementation. All requirements and schedules of the Division's plan <br /> shalt not become effective pending resolution of the dispute. <br /> 82. If MineWater files any notice of dispute pursuant to paragraph 79, 80 or 81, the notice shall <br /> specify the particular matters in the Division's determination that MineWater seeks to dispute, and <br /> the basis for the dispute. Matters not identified in the notice of dispute shall be deemed accepted <br /> by MineWater. The Division and MineWater shalt have thirty (30) calendar days from the receipt <br /> by the Division of the notification of dispute to reach an agreement. If agreement cannot be <br /> reached on all issues within this thirty (30) calendar day period, the Division shall confirm or <br /> modify its decision within an additional fourteen (14) calendar days, and the confirmed or <br /> modified decision shall be deemed effective and subject to appeal in accordance with the Act and <br /> the APA. <br /> NOTICES <br /> 83. Unless otherwise specified, any report, notice or other communication required under the Consent <br /> Order and Settlement Agreement shall be sent to: <br /> For the Division: <br /> Kelly Morgan <br /> Colorado Department of Public Health and Environment <br /> Water Quality Control Division <br /> Mail Code: WQCD-CWE-82 <br /> 4300 Cherry Creek Drive South <br /> Denver, Colorado 80246-1530 <br /> Telephone: 303-692-3634 <br /> E-mail: kelly.morgan@state.co.us <br /> London Mine, LLC, et at. C O L O R A D O <br /> Compliance Order on Consent and Settlement Agreement Department of PubUe <br /> Page 18 of 23 A& Health 6 Environment <br />