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GENERAL39820
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GENERAL39820
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Last modified
8/24/2016 7:59:10 PM
Creation date
11/23/2007 10:22:36 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Name
SETTLEMENT AGGREEMENT
Permit Index Doc Type
STIPULATIONS
Media Type
D
Archive
No
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minimize the effect and duration of such disputes, the following <br />procedures shall be utilized in such instances: <br />a. OSM and Pittston will first make a goad faith attempt to <br />resolve any dispute between themselves on the local level. If <br />informal methods fail to produce an agreement, Pittston shall <br />state its position briefly in writing and deliver it to the <br />appropriate OSM Regional Director with a copy to the <br />appropriate Field Office Director. The parties shall then have <br />two weeks within which to negotiate a resolution of the <br />dispute. If an agreement is reached, the parties will sign a <br />brief written statement to that effect, and the statement will <br />be attached to and become a part of this Agreement. If the <br />parties fail to agree, OSM shall provide to Pittston a written <br />decision, explaining the basis for its disagreement with <br />Pittston's position. <br />b. Upon receipt of a written decision from OSM rejecting <br />Pittston's position on some or all of the issues in dispute, <br />Pittston will have five (5) working days within which it may <br />accept OSM's decision and initiate action to comply with the <br />decision. <br />c. If Pittston does not accept OSM's written decision within <br />five (51 working days, OSM may initiate any appropriate <br />enforcement action for that site including the issuance of Ie4 <br />day notices, notices. of violations, cessation orders or suit in <br />the appropriate U.S. District Court. Moreover, any monetary <br />penalties assessed by OSM after taking an appropriate <br />enforcement action issued as a result of a disagreement about <br />reclamation governed by this Agreement, shall not be included <br />in this Agreement or attached to this Agreement. Pending <br />resolution of the dispute under the procedures set forth above, <br />the parties shall continue to comply with the terms of this <br />Agreement with respect to all matters not in dispute. <br />- Page Number 15 -- <br />9TO G31 7V'1TT-A1f1TCTTTJ nnrnw oon wrtn nr•n.. n., ...-..... <br />
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