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} , • • <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />17eparlment of Nal oral Knuuu cs <br />I f l t Sherman $L. Kuom ? I S <br />Denver, Colorado HIR/l f <br />Phunc' (4(171 H66~ 4567 <br />EA%:11011 Hl?-741f16 <br />SETTLEMENT AGREEMENT <br />Notice of Violation No.: C-96-013 <br />Mine Name: West Elk <br />Petmittee: Mountain Coal Company <br />Mailing Address: P. O. Box 591, Somerset, Colorado, 81434 <br />County: Gunnison/Delta <br />Type of Mine: UG/Federal <br />II~ <br />DEPARTMENT C <br />NATURA <br />RESOURCP <br />Roy Romer <br />Govcrno~ <br />lames 5. Lxhhead <br />Executive Dueclor <br />M¢hael B Long <br />Dwrsion Direnor <br />The Division of Minerals and Geology (The Division) issued a certain Notice of Proposed Amount <br />of Civil Penalry, and the operator requested a conference thereon, as authorized by C.R.S. 1973, <br />34-33-123(8). With the requested conference having been held as required by law on September 26, <br />1996, the Division and the operator hereby agree as follows: <br />1. The amount of the Penalry shall be $1,000.00; <br />2. The Penalty shall be paid to the Division by the operator no later than <br />30 days from the date this Agreement is signed by all parties; and <br />3. Payment of such Penalty by the operator shall constitute a waiver of all <br />further rights to review of such penalty or of the violation on which it <br />is based. <br />This Agreement shall not be effective unless signed by the operator within ten (10) days after the <br />closing date of such conference, which dates is set forth below above the signature of the Division <br />Director. If not so signed, the Division will fix the Penalty at whatever amount it deems appropriate, <br />based upon the factors referred to in C.R.S. 1997, 34-33-123(8)(d). <br />OPERATOR <br />DATE: <br />BY: <br />DIVISION OF MINERALS AND GEOLOGY <br />DATE: BY: <br />Divi ' Dir r <br />[Rule 5.04.3(4)(c)] C.R.S. 34-33-123(8)(c)(d) M:\oss\gav\Sdrmidt.dab <br />