2014-08-11_ENFORCEMENT - C2010089

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• - COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us SETTLEMENT AGREEMENT NOV /CO NO.: CV- 2014 -004 Date NOV Issued : June 26, 2014 Permit No.: C- 2010 -089 Mine: New Horizon North Mine County: Montrose Operator /Permittee: Western Fuels- Colorado, LLC Type of Mine: Surface /Non - Federal Address: 12050 N. Pecos St., Suite 100 Westminster, CO 80234 The Division of Reclamation, Mining and Safety ( "the Division ") issued a certain Notice of Proposed Amount of Civil Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973 34 -33- 123(8). The requested conference having been held as required by law, on August 7, 2014, the Division and the operator hereby agree as follows: 1. The amount of the penalty shall be $500.00; 2. The penalty shall be paid to the Division by the operator not later than 30 days from the date this Agreement is signed by all parties; 3. Payment of such penalty by the operator shall constitute a waiver of all further rights to review of such penalty or of the violation on which it is based. This agreement shall not be effective unless signed by the operator within ten days after the closing date of such conference, which date is set forth below opposite the signature of the Conference Officer. If not signed within ten days, the Division will fix the penalty at whatever amount it deems appropriate. The fixed penalty amount will likely be the original penalty assessment, based on the factors referred to in C.R.S. 1973, 34- 33- 123(8)(a). OPERATOR: :5 DATE: DIVISION OF RECLAMATION, MINING AND SAFETY: r By l DATE: I f Con Off By Division Director Penalty Adjustment Reviewed [Rule 5.04.3(4)(c)] CRS 34- 33- 123(8)(c) and (d)