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becomes the permittee for those outfalls. DMG sent CDPHE a letter dated May 3, 1999 <br /> requOsting 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 paragraph 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 parties agree that DMG shall be primarily responsible for outfalls during the <br /> time that it and MCR are 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 Carbondale, Garfield <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 /> 9 <br />