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Page 4 <br /> concerning water quality related issues. Accordingly, the language in my May 12 letter <br /> should be substituted for the language in the present draft. <br /> In addition, DMG will not agree to be primarily responsible for all outfalls during the time <br /> MCR and the Division are stormwater co-permittees. The Division will not assume any <br /> responsibility for outfalls which have mine water discharge or for any outfalls which it has <br /> not affected, or will not affect, during the time DMG and MCR are co-permittees. We also <br /> need language which reflects that MidCon is in agreement with the Division's reclamation <br /> plans concerning the ponds. In previously discussions, MidCon has stated it had no concern <br /> with the plan and even may have suggested parts of the plan. <br /> I agree with you that we need to further identify the ponds applicable to the Division's <br /> application for a stormwater permit. It may be necessary for Steve Renner to inspect the 017 <br /> pond at mine 5 prior to the Division taking a position on this pond since Steve is not familiar <br /> with the 017 pond. <br /> Page 9, under AGREEMENT <br /> Concerning paragraph 17, in my May 12 letter I listed the work to be done at the Coal <br /> LoadOut. However, you did not include all of the work I listed in my letter in the draft <br /> agreement. Your draft leaves out removal of the remaining metallic scrap materials located <br /> throughout the site, including the underground mining equipment, beltline supports and <br /> miscellaneous materials. Was this an oversight or do you have an objection to removal of <br /> these items? <br /> Please call if you have questions. <br /> Sincerely, <br /> CHERYL A. LINDEN <br /> First Assistant Attorney General <br /> Natural Resources and Environment Section <br /> (303) 866-5127 <br /> (303) 866-3558 (FAX) <br /> cc: Mike Long <br /> Steve Renner <br /> AG ALPHA: NRCLICABY <br /> AG FILE: DOCUMENT2.SET.LT2 <br />