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III IIIIIIIIIIIIIIII <br />999 <br />. <br />SETTLEMEN AGREEMENT <br />The United States Department of the Interior, Office of Surface <br />Mining Reclamation and Enforcement ("OSM") and Pittston Coal <br />Company, its successor entities, subsidiaries, and its affiliates (hereinafter <br />referred to as "Pittston") have agreed to resolve the disputes described <br />below. The parties therefore enter into the following stipulations and <br />agreements. Except as expressly provided in this Settlement Agreement, <br />the representations and undertakings set forth below pertain and apply <br />only to Pittston and OSM. <br />1 . Pursuant to Section 5101c) of the Surface Mining Control and <br />Reclamation Act of 1977, as amended, ("SMCRA" or "the Act"1, 30 <br />U.S.C. § 1 260~c), and pursuant to 30 C.F:R. § 773.5, et seq., no permit <br />to mine coal shall be issued to an applicant if the applicant, or a party in <br />certain ownership or control relationships with the applic~ns, has <br />outstanding violations of the Act. In addition, pursuant to 30 C.F.R. § § <br />773.20 and 773.21, existing permits may be subject to rescission. if <br />unabated violations existed at the time the permit was issued. <br />2. Pittston has been affected by 30 C.F.R. § 773.5 due to its <br />alleged status as the owner or controller of a number of business entities, <br />-- Page Number 1 -- <br /> <br />