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~~~ ? ~~~ ~E~ 1 ? 1986 BEFORE THE: DEPARTMENT OF HEALTH, MANE DEPARTMENT OF NATUNRALTRESOURCES~AIyaTQN~'y~9lQ1V MINED LAND RECLAMATION BOARD; STATE OF COLORADO AGREECIENT, STIPULATION ACID ORDER IN THE MATTER OF: SNOWMASS COAL COMPANY, NORTH THOMPSON CREEK NO. 1 MINE; MLRD NOTICE OF VIOLATIONd NO. C-86-051 dated June 17, 1986, and WQCD NOTICE OF VIOLATION AND CEASE AND DESIST ORDER dated August 1, 1986 The Water Quality Control Division of the Colorado Department of Health ("WQCD"), the Mined Land Reclamation Division of the Colorado Department of Natural Resources ("NERD"), and Snowmass Coal Company ("Snowmass"), by their duly authorized representatives, hereby agree and stipulate as follows: 1. Snowmass is the operator of the North Thompson Creek No. 1 Mine (the "Mine"), an underground coal mine located approximately eight miles southwest of Carbondale in Pitkin County, Colorado. Snowmass mined coal in the A-seam of the Mine from 1977 until 1984. 2. Snowmass holds Colorado Discharge Permit System Permit No. CO-0029599 (the "Discharge Permit") for the Mine. It was issued on October 18, 1982, and is scheduled to expire on March 31, 1987. The WQCD has primary responsibility for enforcing the provisions of the Colorado Water Quality Control Act ("LVater Act") and the Discharge Permit granted thereunder. 3. The P7QCD issued a Notice of Violation and Cease and Desist Order ("WQCD Notice and Order") to Snowmass on August 1, 1986. Snowmass submitted its initial response to the WQCD Notice and Order on August 11, 1986, and its formal Answer, Request for a Hearing and Detailed Plan for Compliance on August 28, 1986. 4. Snowmass holds a mining and reclamation permit for the Mine, identified as C-B1-025 (the "t9ining Permit"), issued pursuant to the Colorado Surface Coal Mining Reclamation Act