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05/19/99 16:21 FAX 3037962777 BURNS FIGA & WILL Z 009/014 <br /> 14. 4-3. DMG agrees that it will not raze, tear down or otherwise destroy the following <br /> improvements currently located on MidCon property: the Lamp House, tl-e road, culverts, low <br /> water crossings and power lines leading to the Lamp House,the currently e:;isting metal building <br /> near the former Preparation Plant and water tank. MidCon hereby rele ises DMG from any <br /> obligation or responsibility concerning these improvements. including any reclamation or <br /> demolition requirement of these improvements. <br /> 15. 44-. The parties acknowledge that on October 23, 1998 MCR submitted an application <br /> for a permit for renewal of Permit No. CO-0000396 with the Colorado Department of Public <br /> Health and Environment ("CDPHE"). MCR requested permit renewal for outfalls on the private <br /> property now owned by MidCon within Coal Basin and requested release i nder the permit of all <br /> other outfalls, ponds, and compliance.points on the basis that such point,, are now located on <br /> property owned by the U.S. Forest Service and DMG has exercised effective control of Coal <br /> Basin reclamation since 1994. The parties have been in contact with CDP.-3E and that it advises <br /> that it is considering such release if the outfalls are changed to stormwal er permits and DMG <br /> becomes the permittee for those outfalls. DMG agrees that it will becom e the permittee under <br /> stormwater permits for those outfalls and that it shall be primarily respon Bible for such outfalls <br /> during the period when it and MCR are co-permittees on any outfall. ;rh T + e shall net <br /> holds to r1N4r. under- this -SeWo. ent A oeme + 4 !tie disc-huge <br /> e <br /> �r o <br /> j1'his paragraph needs further refinement based on agreed identification of,)utfalls. <br /> 16. 1-5-. All parties agree that MCR may record this Settlemot t Agreement is <br /> peerdaW-e in the real estate records of Pitkin County, Colorado. <br /> 8 <br />