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_, . :. <br />WELBORN, DUFFORD, BROWN f~ TOOLEY <br />Mr. Robert Shukle <br />Mr. David C. Shelton <br />September 30, 1986 <br />Page 3 <br />the B-seam workings and which could be diverted or plugged in a <br />way that would prevent the springtime increase in groundwater <br />flows; provided that, such study shall be completed by Snowmass <br />no later than June 30, 1987, at a cost not to exceed $ <br />(i) MLRD agrees that the performance of such <br />reconnaissance level study, and the completion of the physical <br />separation of the B-seam workings from the No. 1 Mine A-seam <br />workings shall constitute compliance with all applicable <br />provisions of the Colorado Surface Coal Mining Reclamation Act, <br />the implementing regulations and Snowmass' Permit No. C-025-81 <br />with respect to discharges and flows in and from such B-seam <br />workings. <br />(j) WQCD agrees that the separation of flows <br />described in (g) above will reestablish the historic <br />groundwater flow eminating from the B-seam portal as it <br />occurred prior to the operation of the No. 1 Mine in the A-seam <br />workings. Such flows were not historically subject to an CDPS <br />discharge permit, and Snowmass has not created or caused the <br />addition of pollutants which may occur there. Therefore, the <br />WQCD concurs that no CDPS permit is legally required of <br />Snowmass unless it takes future actions which cause an addition <br />of pollutants to such historic discharges. <br />If these terms and conditions are generally <br />acceptable, we would be happy to discuss them with both of your <br />agencies so that we can reach a conclusion and a settlement <br />agreement can be drafted on a schedule compatible with the MLR <br />requirements. <br />Very truly yours, <br />WELBORN, DUFFORD, BROWN & TOOLEY <br />Richard L. Fanyo / <br />Attorneys for Snowmass Coal <br />Company <br />RLF/ppm <br />cc: James Stover <br />