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C-84-106 (PoV II C. 7 . ) . Except as vacated or modified in <br /> paragraphs 1 and 2 under Terms of Agreement, the patterns of <br /> violations and show cause order are affirmed upon execution <br /> of all parties to this Consent Agreement and Order. <br /> 3. Permit No. C-017-81 is suspended for the day <br /> of September 25, 1985. Subject to the exceptions set forth <br /> in paragraph 4 of these terms of agreement, from 12 : 00 <br /> midnight to 11: 59 p.m. on September 25, 1985 , Mid-Continent <br /> shall not engage in any activity which constitutes "surface <br /> coal mining operations, " as that term is defined at section <br /> 34-33-103 (26) , C.R.S. (1984) . <br /> 4. For the purposes of preventing damage to <br /> property, avoiding hazards to personnel, and insuring <br /> compliance with all applicable environmental statutes and <br /> regulations, the provisions of paragraph 3 of these Terms of <br /> Agreement shall not have the effect of forbidding Mid- <br /> Continent to engage in the following activities at the <br /> following facilities, sites, or locations : <br /> a. Underground. Those activities required to be <br /> performed on a daily basis by the Federal Coal Mine Health & <br /> Safety Act and regulations promulgated thereunder, and by <br /> Coal Mine Health & Safety laws of the State of Colorado <br /> Permitted Activities include rock dusting, dust suppression, <br /> roof control, ventilation, maintenance of air courses and <br /> escapeways, methane drainage, outburst control, correction <br /> of emergency conditions, fire bossing, inspections , movement <br /> of men and materials in the performance of such functions. <br /> Mid-Continent may advance longwall faces where <br /> such advance is necessary to prevent a face from going <br /> solid, or to assure the safety of persons and property. <br /> Mid-Continent shall inform the Division in writing on or <br /> before October 1, 1985 whether Mid-Continent advanced any <br /> longwall face during the period of this permit suspension. <br /> If Mid-Continent did so, it shall also inform the division <br /> in writing the distance each longwall face was advanced, ad- <br /> vising what period of time, how much coal was produced at <br /> each longwall advancement, and those facts and data Mid- <br /> Continent relied upon in determining that such longwall <br /> advancement was necessary to prevent the face from going <br /> solid, or to assure the safety of persons or property. <br /> b. Surface. Those activities , including the <br /> movement of personnel and materials , necessary for Mid- <br /> Continent to comply with the environmental requirements of <br /> Permit No. C-017-81. <br /> 5. On or before October 10 , 1985 , the division <br /> shall inform Mid-Continent in writing whether the division <br /> finds that Mid-Continent has complied with these terms of <br /> agreement and order of the board. Should the division find <br /> - 3 - <br />