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_ 4A <br />~ 1. w':: .4 ~. __ <br />QF CCU MY ~l; :1 :. <br />~~B~a COLOR~iDO llIVISION OF MINERALS AI\'D GEOLOGY - <br />'a's -• I~ I1 Sherman Street, Roorn 215 Denver, Colorado.8020~, (30i) S66 3567RECeIV~p~ <br />~' SETTLEMENT AGREEMENT NQ~ ~8 TOOZ <br />NOV/CO NO.: CV-2002-010 Division of Minerals and Cealogy <br />MINE: New Elk Mine <br />PERMIT NO.: G-1981-012 <br />Federal <br />OPERATOR/PERMITTEE: <br />DATE ISSUED: June 24, 2002 <br />TYPE OF MINE: Underground/Non- <br />COUNTY: Las Animas <br />-_ -~-_ picketwireP_rocessing,S-LC~_~ _ J"~. <br />ATTENTION: Ron Thompson, Peak Project Management <br />ADDRESS: 3800 County Road 63.9 <br />Trinidad, CO 81082 <br />The Division of Minerals and Geology ("the Division") issued a certain Notice of Proposed Amount of Civil <br />Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973 34-33-123(8). The <br />requested conference having been held as required by law, on October 1, 2002, the Division and the operator <br />hereby agree as follows: <br />1. The amount of the penalty shall be 5250.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from <br />the date this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights <br />to review 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 after the closing date of such <br />conference, which date is set forth below opposite the signature of the Conference Officer. <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: (v I ~-rx1.Y U~/~- ~,Ad C~~SII~ DATE: QG%~~~ , ~D ~-- <br /> <br />DNISION OF MINERALS AND GEOLOGY <br />$y DATE: 0~~--/.s; 3 ~ zoo ~ <br />ference f~a~c/~e/~r~~ <br />$y ~ i~Z''~'"~^~~"`~ ( Penalty Adjustment Reviewed <br />Division Director fR~ie ~ ~ ~(4xG)] <br />CRS 34-33-123(8)(c) and (d) <br />C-vV-MA ^YMIO^ LUG ]W]IOUJ IIUIO pM <br />