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<br /> <br />WHEREAS, the Division issued a Proposed Decision and Findings <br />of Compliance (the "Proposed Decision") dated January 14, 1987 <br />recommending approval of the Application, subject to eight <br />stipulations as set forth in the Proposed Decision. <br />WHEREAS, P&M contested the findings of fact, conclusions and <br />stipulations in the Proposed Decision and filed an Application for <br />Review and Request for Evidentiar:~ Hearing (the "Application for <br />Review") to the Mined Land Reclamation Board (the "Board") on <br />May 22, 1987. <br />WHEREAS, the parties have agreed to a satisfactory resolution <br />of the issues raised by P&NI in its Application for Review. <br />NOW, THEREFORE, the parties agree as follows: <br />1. P&M hereby withdraws its protest of Stipulation No. 1 in <br />the Proposed Decision and agrees that this Stipulation shall be <br />included in the renewal of Permit No. C-001-80 (the "Permit <br />Renewal") as it originally appeared in the E~:isting Permit, as <br />- follows: <br />Stipulation No. 1: <br />THE PERMITTEE h1UST SUBMIT TO ~iLRD THE DESIGNS FOR THE <br />MOFFAT AREA SEDIMENT PONDS AT LEAST SIX MONTHS PRIOR TO <br />CONSTRUCTION, AND RECEIVE APPROVAL FOR THE PROPOSED <br />DESIGN BEFORE COMMENCING CONSTRUCTION OF THE PONDS OR <br />MINING IN THE MOFFAT AREA. THESE DESIGNS WILL REFLECT <br />CURRENT REGULATORY DESIGN CRITERIA AND APPROVAL WILL BE <br />CONTINGENT ON INFORMATION DEMONSTRATING THAT THE PONDS <br />OUTFLOW WILL MEET EFFLUENT LIMITATIONS. <br />- 2- <br />