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Mr. Eric Scott, DRMS <br /> January 26, 2017 RYLEY CARLOCK <br /> Page 3 of 9 & A P P L E W H I T E <br /> Attorneys <br /> "AM-06 Order"), which incorporated certain stipulations between the parties <br /> (the "Stipulations"); <br /> 2. the May, 2011, AM-06 Settlement Agreement between the <br /> parties (the "Settlement Agreement"), in which they agreed to the Stipulations <br /> among other things; and <br /> 3. the June, 1998, Purchase and Sale Agreement ("Purchase <br /> Agreement"), under which Climax sold the Eagle Park Reservoir("Reservoir") <br /> to EPRC. <br /> We will briefly address each of these instruments. As will be shown: (1) Climax is in <br /> compliance with the Stipulations in the AM-06 Order, and setting NPLs at levels consistent <br /> with the Reg 41 Submittal will not violate the Stipulations; (2) the Settlement Agreement is a <br /> private contract between the parties, the enforcement of which is not within the Division's <br /> jurisdiction (except insofar as the Stipulations were adopted by the MLRB in the AM-06 <br /> Order); and (3) the Purchase Agreement is a private contract between the parties, the <br /> enforcement of which is beyond the Division's jurisdiction. Further, Climax is in full <br /> compliance with the Settlement Agreement and Purchase Agreement. <br /> A. The Stipulations in the AM-06 Order <br /> The AM-06 Order provides that approval of Climax's AM-06 application is <br /> "subject to" the Stipulations, which are set forth in full in the Order. Climax acknowledges <br /> that these Stipulations are conditions of its Permit. The Division may properly consider the <br /> Stipulations, if and to the extent they are applicable to any pending decision. <br /> EPRC relies upon Section 2(c) of the Stipulations: <br /> 2. Content of the Environmental Protection Plan <br /> Regarding content of the revised EPP, to be submitted for review and <br /> approval in a separate future proceeding, the EPP will address at a minimum: <br /> (c) Eagle Park Reservoir <br /> L The Revised EPP, and the SPCC and MPC documents <br /> for the Site, will remove all references to the use of, or reliance on, [Eagle <br /> Park Reservoir as a containment or environmental protection facility].1 <br /> 1 The bracketed language was included in the Stipulations submitted to the MLRB,but was omitted <br /> from the AM-06 Order—assuming that may have been an apparent typographical error that is corrected here. <br />