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` F~ s co • III I II I II I II IIII III • : COLORAD~ DIVISION OF MINERALS AND GEOLOGY 999 ""' 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 SETTLEMENT AGREEMENT APR 2 NOV/CO NO.: CV-1999-O15 s 2000 Division of Minerals 8 ~~Io9Y MINE: West Elk Mine DATE ISSUED: December 6, 1999 PERMITNO.: C-1980-007 TYPE OF MINE: Underground/Federal OPERATOR/PERMITTEE: COUNTY: Gunnison Mountain Coal Company, LLC. ATTENTION: Eugene DiClaudio ADDRESS: P.O. Box 591 Somerset, CO 81434 The Division of Minerals and Geology ("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 March 14, 2000, [he Division and the operator hereby agree as follows: The amount of the penalty shall be $ 150.00; 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 [he 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: ,~~ ~ ~ L-~ DATE: /J~~%i'U By DIVISION OF MINERALS AND GEOLOGY: By ~ DATE: onference Officer By Division Direct Penalty Adjustment Revie+ved [Rule 5.04.3(4)(c)] CRS 34-33-123(8)(c) and (d) C-N\'-01 Clotl~wrti] IRB IOUWi~] q~16 PM EOa