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becomes the permittee for those outfalls. DMG sent CDPHE a letter dated May 3, 1999 <br />requesting CDPHE advice as to whether the plan proposed by DMG in the letter would be <br />acceptable to CDPHE. CDPHE responded in a letter dated May 6, 1999 that DMG's plan would <br />be acceptable to CDPHE. Based on CDPHE's response, DMG agrees to apply for stormwater <br />permit(s) under the terms set forth in DMG's May 3, 1999 letter. DMG's letter and CDPHE's <br />response letter are attached as Exhibits D and E respectively and are incorporated into this <br />Agreement with the exception that the parties agree that the exhibit to DMG's May 3, 1999 letter, <br />entitled "Ponds to be Reclaimed under Minerals and Geology Stormwater Permit" is inaccurate <br />and that the correct and agreed upon list of ponds to be subject to this pazagraph 16 is attached to <br />this Settlement Agreement as Exhibit F. MidCon has reviewed DMG's May 3, 1999 letter and <br />with the corrected attachment listing the affected ponds in Exhibit F, MidCon agrees with <br />DMG's plan described therein. MidCon agrees not to in any way object to DMG's plan or <br />attempt to prevent performance of DMG's reclamation on this property. MCR is currently in the <br />process of obtaining release from CDPHE for all permitted outfalls in Coal Basin, however, that <br />release procedure is expected to take several months after the execution of this Settlement <br />Agreement. The pazties agree that DMG shall be primarily responsible for outfalls during the <br />time that it and MCR aze co-permittees on any outfall. <br />17. All parties agree that any party may record this Settlement Agreement in the real <br />estate records of Pitkin County, Colorado. <br />18. DMG has recently inspected the Coal Load Out facility in Cazbondale, Gazfield <br />County, Colorado, now owned by MidCon (which is described in Exhibit G, attached) and which <br />is also subject to DMG reclamation requirements. DMG agrees that if MidCon completes the <br />following reclamation work to DMG's satisfaction, DMG will execute a document releasing <br /> <br />9 <br />