_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

5. On August 6 , 1985 the board received a request for
public hearing from Mid-Continent, in which Mid-Continent ,
pursuant to sections 24-4-104, -105 , C.R. S . (1982) and
sections 34-33-123 (7) , -124(4) , C .R.S . (1984) , requested a
hearing before the board for the purpose of reviewing the
show cause order.
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TERMS OF AGREEMENT
1 . Permit No. C-017-81 is suspended for the day
of September 25, 1985 . Subject to the limitations set
forth in paragraph 2 of these terms of agreement, from
12: 00 midnight to 11 :59 a.m, on September 25 , 1985 ,
Mid-Continent shall not engage in any activity which
constitutes "surface coal mining operations , " as that term
is defined at section 34-33-103 (26) , C .R.S . (1984) .
2 . For the purposes of preventing damage to property and
ensuring compliance with all applicable environmental statutes
and regulations , the provisions of paragraph 1 of these terms
of agreement shall have the effect of forbidding Mid-Continent
from engaging in the following activities at the following
facilities , sites , or locations :
(Provisions to be drafted by Mid-Continent)
3 .' On or before October 10, 1985 , the division shall
inform Mid-Continent in writing whether the division finds that
Mid-Continent has complied with these terms of agreement.
Should the division find that Mid-Continent has complied,
no further action on the show cause order shall be taken.
Should the division find that Mid-Continent has not complied,
a public hearing regarding the division' s finding shall be
set before the board. The sole subject of that hearing shall
be whether Mid-Continent has complied with these terms of
agreement, and both Mid-Continent and the division shall be
allowed to introduce evidence only if it relates to that
subject . Neither the division nor Mid-Continent shall be
allowed to introduce evidence regarding the validity of , or
the justification for, the show cause order.
4. In any hearing held pursuant to paragraph 3 , should the
board determine that Mid-Continent has complied with the consent
order, no further action shall be taken in this matter. Should
the board determine that Mid-Continent has violated these terms
of agreement , the board shall then determine whether revocation
or further suspension of permit No . C-017-81 is appropriate,
based on the nature and extent of any such violations .
5. Neither Mid-Continent nor the division shall be bound
by these terms of agreement unless they are adopted by the board
as a board order .
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