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ENFORCE20073
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ENFORCE20073
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Entry Properties
Last modified
8/24/2016 7:24:21 PM
Creation date
11/21/2007 9:43:07 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981025
IBM Index Class Name
Enforcement
Doc Date
12/12/1986
Doc Name
SNOWMASS COAL CO SETTLEMENT AGREEMENT
From
WALBORN DUFFORD BROWN & TOOLEY
To
MLRD
Violation No.
CV1986051
Media Type
D
Archive
No
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<br />(the "Mining Act"). The MLRD has primary responsibility for <br />enforcing the provisions of the Mining Act and the Mining <br />Permit granted thereunder. <br />5. On June 17, 1986, the MLRD issued Notice of Violation <br />No. C-86-051 {"MLRD Notice") to Snowmass. The i~1LRD Notice <br />resulted from the same circumstances as the LVQCD Notice and <br />Order. <br />6. The MLRD issued its Notice of Proposed Amount of Civil <br />Penalty for the MLRD Notice on July 15, 1986. Snowmass <br />requested a conference on the [,lL,RD Notice and proposed civil <br />penalty on July 28, 1986, which was held on August 28, 1986, <br />with representatives of the t4LRD, the WQCD and Snowmass <br />attending. <br />7. On October 15, 1986, the MLRD issued to Snowmass a <br />Notice and Order to Pay Fixed Penalty with respect to the MLRD <br />Notice. On November 14, 1986, Snowmass filed its request for a <br />hearing before the Colorado Mined Land P.eclamation Board as to <br />whether the t7LRD Notice is valid and as to the amount of the <br />fixed penalty, and paid $1,000.00 to be held in escrow pending <br />the outcome of that proceeding. <br />8. Without further hearing or any resolution of the <br />factual or legal issues related to the t•1LRD Notice and the GVQCD <br />Notice and Order, the WQCD, the MLRD and Snowmass have reached <br />an agreement to fully and finally resolve both enforcement <br />actions. By entering into this Agreement, Stipulation and <br />Order ("Agreement"), Snowmass does not admit the violations <br />alleged in the MLRD Notice or the WQCD Notice and Order, nor <br />does it waive any defenses it asserted, could have asserted, or <br />may assert in the future to any alleged violation of its <br />Discharge or Mining Permits, the Water or Mining Acts or the <br />regulations promulgated thereunder. <br />9. Snowmass agrees to withdraw its requests for hearing <br />on the WQCD Notice and Order and the bILRD Notice. <br />10. Snowmass agrees to redesign the seals which are to be <br />constructed in four separate portals at the Mine. The four <br />portals are commonly described as the (1) rock slope, (2) belt <br />slope, (3) track entry, and (4) B-seam entry. The seals shall <br />be designed to prevent leakage or flow of water from <br />underground to the surface through the portals and shall be <br />installed in accordance with designs and plans approved by the <br />MLRD as a revision to Snowmass' Mining Permit. <br />- ' - <br />
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