_GENERAL DOCUMENTS - C1981017 ‎(142)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

• Colorado Surface Coal Mining Reclamation Act, and the
"Regulations for Coal Mining, " 2 CCR 407-2 . A copy of the
show cause order is attached hereto as exhibit B.
5. On August 6, 1985, The Board received from
Mid-Continent a response to the show cause order denying
among other things the existence of two legally supportable
patterns of violation and a request for a public hearing
before the board on the show cause order pursuant to sections
24-4-104, -105, C.R.S. (1982) and sections 34-33-123 (7) , -
124 (4) , C.R.S . (1984) . A copy of this request for public
hearing and response to show cause order is attached as
exhibit C.
6. On August 27, 1985 , The Division Director
received from Mid-Continent a Request to Vacate Show Cause
Order with supporting data, arguments and analyses pursuant
to Board Rule 5. 03 . 3 (2) (c) . A copy of this Request to
Vacate Show Cause Order is attached as exhibit D. The Division' s
response to the Request to Vacate is attached as exhibit E.
7. The Division and Mid-Continent and their
respective legal representatives have engaged in extensive
and good-faith negotiations to reach an acceptable compromise
and settlement of these matters which would conserve their
respective resources and costs in any further protracted and
contested administrative hearing before the board and any
subsequent judicial review of the board' s decision. The
parties have also been concerned over the extraordinary time
demands which might be placed upon the board to hear and
decide a case involving such complex factual, legal and
public policy issues. While Mid-Continent denies the factual
and legal assertions in the division' s determination of two
patterns of violation and objects to the show cause order as
being demonstrably unjust and legally unsupportable, and the
Division affirms its determinations of the aforementioned
patterns of violations and issuance of show cause order as
appropriate under the law, the parties hereto, for purposes
of compromise and settlement of all matters herein, have
agreed to enter into this Consent Agreement whose terms are
as set forth as follows :
TERMS OF AGREEMENT
1. The Division Director herein vacates the 1st
Determination of a Pattern of Violation (PoVI) of June 11,
1985 which covers NoV No. C-84-103 and NoV No. C-84-166
pertaining to the handling of topsoil.
2. The Division Director herein modifies The 2nd
Determination of a Pattern of Violation (PoV II) of June 11,
1985 to delete specifically the citation of NoV No. C-84-154
(PoV II A. 13) , NoV No. C-84-105 (PoV II C. 6 . ) and NoV No.
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