1982-11-04_GENERAL DOCUMENTS - C1981019

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Joint Settlement Agreement YC This Joint Settlement Agreement made this day of October 1982 by and between the Division of Mined Land Reclamation, Colorado Department of Natural Resoures (hereinafter called Division) and Colowyo Coal Company (hereinafter called Colowyo) ; WITNESSETH, THAT: WHEREAS, the Division, pursuant to the Colorado Surface Coal Mining Reclamation Act (hereinafter called "the Act") , duly issued a Proposed Decision on October 4, 1982, in conformance with the Act approving Colowyo's Application for a Permit to conduct coal mining and reclamation operations in the vicinity of Axial , Moffat County, Colorado; and WHEREAS, Colowyo on October 7, 1982, requested a formal hearing (hereinafter called "Hearing Request") pursuant to Rule 2.07.4(3) of the Regulations by which Colowyo objected to certain language in the Proposed Decision as conditions to the granting of said Permit; and WHEREAS, the Division and Colowyo, subject to the approval of the Board of Mined Land Reclamation, have agreed upon settlement of all issues contained in Colowyo's Hearing Request upon the terms hereinafter set forth. NOW, THEREFORE, in consideration of the mutual agreements, promises and undertakings hereinafter set forth, the parties agree as follows: A. The parties agree that the first paragraph of page 2 of the Decision Document entitled "Proposed Decision, Colowyo Coal Company, Colowyo Mine," be modified to state clearly that the permit is being issued for the permit area as described in the modified page 2. The modified page 2 is attached to this agreement. B. The parties agree that the. fifth word in the first line in the first paragraph of page 4 of the Decision Document, entitled "Summary", be changed from "subsidiary" to "partnership" to properly reflect the Corporate Structure. The modified page 4 is attached to this agreement. C. The parties agree that the third paragraph of page 9 of the Decision Document, entitled "Findings of the Colorado Mined Land Reclamation Divison for the Colowyo Mine", be modified to clarify that although the permit is being issued for a term of five years, the Division has made all required findings for the permit area. The permit area also represents, the life-of-mine-area. The modified page 9 is attached to this agreement. D. The parties agree that the second paragraph on page 38 of the Decision Document be modified to state that the concern relating to post-mining drainage in Section 4 of the permit area has been resolved as it pertains to the issuance of this permit. The modified page 38 is attached to this agreement. E. Except and to the extent hereinbefore set forth, the language of the Proposed Decision remains unaltered. The parties request that the Board of Mined Land Reclamation issue .a final decision implementing the Proposed Decision as modified by this Joint Settlement Agreement. F. The agreements, terms and conditions herein contained are subject to approval by the Board of Mined Land Reclamation; this Agreement shall be null , void and of no force or effect whatsoever if the Board shall fail to approve it.