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Of' ~~(p <br />~~ ~4~00 III I II I II I II IIII III <br />(:, ~ ), COLORADO DIVISION OF MINERALS AND GEOLOGY ggg <br />®, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />~ECEI~rED <br />SETTLEMENT AGREEMENT JAN 0 8 9998 <br />NOV/CO NO.: CV-97-009 <br />Division of rvvnoram G Ana ar. <br />MINE: West Elk Mine <br />PERMIT NO.: C-80-007 <br />OPERATOR/PERMITTEE: <br />DATE ISSUED: July 25, 1997 <br />TYPE OF MINE: underground/Federal <br />COUNTY: Gunnison <br />Mountain Coal Company <br />ATTENTION: Eugene E. DiClaudio <br />ADDRESS: P.O. Box 591 <br />Somerset, CO 81434 <br />The Division of Minerals and Geology (Division) issued a certain Notice of Proposed Amount of Civil Penalty <br />(Notice), and the operator requested a reconsideration of [he Notice by the Division Director by letter dated <br />December l7, 1997. The Division and the operator hereby agree as follows: <br />1. The amount of the penalty shall be $1,250.00; <br />2. The penalty shall be paid to [he Division by the operator no later than 30 days from the date <br />this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights to review <br />of such penalty or of the violation on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten days from the issuance of this <br />document, which date is set forth below opposite the signature of the Division Director. <br />If not signed within ten days, the Division will fix the penalty at whatever amount it deems appropriate. The <br />fixed penalty amount will likely be the original penalty assessment, based on the factors referred to in C.R.S. 1973, <br />34-33-123(8)(a). <br />OPERATOR: d> ~ h ~ ,. DATE: <br />By <br />DIVISION OF MINERALS AND GEOLOGY: <br />By DATE: ~~~~~~~ <br />Division Dire or <br />Penalty Adjustment Reviewed <br />(Rule 5.04.3(4)(c)] <br />CRS 34-33~123(8)(c) and (d) <br />A1Pa <br />