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~ v, <br />,~ <br /> <br />A Formal Hearing was conducted by the Board on October <br />23 and 24, 1986, at which time presentations were made by <br />MLRD and AMAX. At the request of AMAX, the Formal Hearing <br />was continued until November 20 and 21, 1986. <br />At the November continuance, the Board resolved by a <br />vote of 3 to 2 to find certain violations and to order permit <br />modifications and civil penalties. The resolution was <br />incorporated into NOTICE OF VIOLATION M-86-085 and ORDER TO <br />MODIFY PERMIT and ORDER TO PAY CIVIL PENALTIES (the <br />"NOTICE"), the effective date of which was December 2, 1986. <br />On December 5, 1986, a meeting was held among <br />representatives of AMAX and MLRD to discuss the NOTICE. At <br />that meeting AMAX reiterated its position taken at the Formal <br />Hearing, that is, that it acknowledged tailings had blown <br />from the tailing ponds on certain days during 1986, but that <br />such did not constitute a violation of the Act or permit <br />M-77-493. AMAX further challenged the substantive findings <br />and the legal adequacy of the Board's Hearing procedures and <br />advised MLRD that AMAX would seek judicial review thereof. <br />At the meeting it was agreed that in consideration of AMAX <br />foregoing judicial review of the Formal Hearing, and the <br />NOTICE, and in further consideration of AMAX undertaking <br />certain acts more fully described below, this Agreement would <br />be presented to the Board for consideration. <br />Therefore, in consideration of the foregoing, the <br />parties hereto agree as follows: <br />1. The NOTICE is hereby vacated and is of no force or <br />effect. <br />2. Within 60 days after the effective date of this <br />Agreement, AMAX shall submit to MLRD a Technical Revision to <br />Permit M-77-493 pursuant to Section 1.9 of the Rules and <br />Regulations of the Board. The Technical Revision shall modify <br />Section 7.4 "Air" of the Plan by adding to and incorporating <br />in the subsection headed "Fugitive Dust Control" the terms of <br />that Climax Mine Particulate Emission Control Plan which was <br />submitted to the Colorado Department of Health under AMAX <br />cover letter of October 30, 1986, as accepted with amendments <br />by that December 4, 1986, letter from Dennis M. Meyer, Public <br />Health Engineer, Department of Health, to Jeffrey W. Todd, <br />AMAX Senior Staff Ecologist. <br />3. Beginning in January, 1987, or as otherwise agreed, <br />representatives of AMAX and the MLRD shall in good faith <br />enter into and continue discussions and negotiations: (1) <br />with regard to supplementing the above-referenced Section 7.4 <br />of the Plan to incorporate therein, if necessary, reasonable <br />-2- <br />