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S ' III I II II III IIII I III sss Wyoming Full Compony 12055 W. Second Place • P.O. Box 15596 • Lakewood, Colorado 80215 Telephone (303) 969-5037 September 16, Mr. Jim Pendleton Conference Officer Mined Land Reclamation Division 215 Centennial Building 1313 Sherman Street Denver, Colorado 80203-2273 Re: Settlement Agreement for Cessation Order C-88-017, Golden Eagle Mlne Dear Mr. Pendleton: 1988 f~fq (~+ ;~~ ~ .J '.. i .. r~IP.I ~\J ~-~Il'L~ Enclosed please find the signed Settlement Agreement for the above referenced Cessation Order. As you are aware, Wyoming Fuel Company issued a check payable to the State of Colorado in the amount of $11,000.00. This check should have been placed in an escrow account. Wyoming Fuel Company asks that the Division handle payment of the Cessation Order 1n the principal amount of $11,000.00 and refund any interest which has accrued since the check was issued to the Division on September 6, 1988• In regard to the Settlement Agreement, Wyoming Fuel Company wishes to re-emphasize some points so that they may become part of the record in con~unctlon with your opinions as presented in the September 6, 1988 settlement. First, Wyoming Fuel Company believes that it was inappropriate for the Division to write a Cessation Order rather than a Notice of Violation in this matter. This belief is based upon the observation that the violation was written for "use of an unapproved chemical additive in the mine water handling system", Wyoming Fuel Company ceased using the chemical additive on March 8, 1988, and had no intention of adding additional chemicals to the treatment system or any other part of the mine water system. The Cessation Order was issued approximately one month after Wyoming Fuel Company ceased using additives. Issuance of a Cessation Order was significant because a Cessation Order requires a penalty assessment and provides for a history penalty of $250.00 per occurrance.