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iiiiiiiiiiiniuiii <br />999 <br />STATE OF COLORADO <br />Roy Romer, Governor <br />~°~, <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlreetor <br />August 1988 <br />Mr. David M. Stout, Environmental Coordinator ~T <br />Wyoming Fuel Company, Inc. <br />12055 West Second Place <br />Lakewood, CO 80215 <br />Re: Settlement Agreement for Cessation Order C-88-077, Golden Eagle Mine <br />Dear Mr. Stout: <br />Enclosed please find a proposed settlement agreement for the above cited <br />Cessation Order. This proposal is based on the assessment conference held in <br />our office on Tuesday, June 28, 1988. At your request the conference was <br />continued until July 29, 1988, to accommodate your attempt to reach a joint <br />settlement with the three regulatory agencies involved. The conference was <br />attended by the following individuals, in addition to you and me: <br />Lindeke Trumbly WFC <br />Steve Magnuson WFC <br />Felicity Hannay Davis Graham & Stubbs (Representing WFC) <br />James Stevens CMLRD <br />Michael Long CMLRD <br />Robert Liddle CMLRD <br />Tony Waldron CMLRD <br />Frank Johnson Attorney General (Representing CMLRD) <br />Sandy Marek Water Quality Control Div. - CDH <br />Larry DeClaire Attorney General (Representing CDOW 8 CDH) <br />The Division is aware that separate actions are being taken by the Water <br />Quality Control Division of the Colorado Department of Health and the <br />Colorado Division of Wildlife with respect to Wyoming Fuel Company's use and <br />discharge of flocculents during the period of January through March 1988 and <br />a resulting fish kill in the Purgatoire River. More specifically, the <br />Division of Wildlife has made a civil claim pursuant to section 33-6-110, <br />C.R.S.(1984) to recover the value of wildlife unlawfully taken; and the Water <br />Quality Control Division has issued a Notice of Violation and Cease and <br />Desist and Clean Up Order concerning the discharge pursuant to the Water <br />Quality Control Act, sections 25-8-101 to -703, C.R.S.(1982 and 1987 Supp.). <br />This settlement agreement proposed by the Mined Land Reclamation Division is <br />in no way intended to settle or compromise these separate actions by the <br />Water Quality Control Division or the Division of Wildlife. <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866.3567 <br />