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<br />III IIIIIIIIillll III <br />999 <br />STATF, OF COLORP~DO <br />Roy Romer, Govei <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlraetor <br />6 September 1988 <br />Wyaning Fuel Company, Inc. <br />12055 West Second Place <br />Lakewood, CO 80215 <br />Mr. David M. Stout, Environmental Coordinator <br />Re: Settlement Agreement for Cessation Order C-88-017, Golden Eagle Mine <br />Dear htr. Stout: <br />Enclosed please find a proposed settlement agreement for the above cited <br />Cessation Order, This proposal is based on the assessment conference held in <br />our office on Tuesday, June 28, 1988, and reconvened on September 6, 1988. At <br />your request the conference was continued until July 29, 1988, to accommodate <br />your attempt to reach a joint settlement with the three regulatory agencies <br />involved. The first session of the conference was attended by the following <br />individuals, in addition to you and me: <br />Lindeke Trumbly WFC <br />Steve Magnuson WFC <br />Felicity Hannay Davis Graham & Stubbs (Representing WFC) <br />James Stevens CMLRD <br />Michael Long CMLRD <br />Robert Liddle CMLRD <br />Tony IJaI dron CMLRD <br />Frank Johnson Attorney General (Representing CMLRD) <br />Sandy t+arek Water Quality Control Div. -CDH <br />Larry DeClaire Attorney General (Representing CDDL+' & CDH) <br />During the conduct of the first session of the assessment conference, <br />I presented several opinions concerning amendment of the daily multiplier and <br />adjustment for good faith. I stated that these were preliminary opinions and <br />cautioned you that my proposed settlement agreement would require concurrence <br />by the Division Director, in accordance with Rule 5.04.3(4)(c) of our <br />regulations. Following your request to terminate the conference I submitted <br />my proposed settlement agreement to the Director for concurrence. The <br />Division Director, Fred Banta, following review of my proposal, did not <br />concur with my opinion and directed me to reconsider my opinion. As <br />described in the narrative justification attached to the accompanying <br />settlement agreement, I reconsidered rqy opinion. <br />In light of my reconsideration I have amended my proposed settlement <br />agreement, Out of fairness, having considered additional input made by the <br />Director, I offered you the opportunity to reconvene the conference so that <br />Wyoming Fuel Compnay might respond to the additional comments of the <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. f303) 866-3567 <br />