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o~ Coro <br />~~'; ~ 4y <br />„' o <br />COLORADO DIVISION OF MINERALS AND GEOLOIII IIIIIIIIIIIII III <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-356 <br />. _ ... ... .. . .. .. ... . _ sss <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-97-008 <br />MINE: West Elk Mine <br />PERMIT NO.: C-80-007 <br />OPERATOR/PERMITTEE <br />Mountain Coal Company <br />ATTENTION: Eugene E. DiClaudio <br />ADDRESS: P.O. Box 591 <br />Somerset, CO 81434 <br />DATE ISSUED: July 25, 1997 <br />TYPE OF MINE: underground/Federal <br />COUNTY: Gunnison <br />h cGc i'i/~= i~ <br />,IAN 0 R 1998 <br />P~~iSiP~niMn~~w~~., .-e,:: ~r <br />The Division of Minerals and Geology (Division) issued a certain Notice of Proposed Amount of Civil Penalty <br />(Notice), and [he operator requested a reconsideration of the Notice by the Division Director by letter dated <br />December 17, 1997. The Division and the operator hereby agree as follows: <br />1. The amount of the penalty shall be $1,000.00; <br />2. The penalty shall be paid to the 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 cottstimte 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: ,~~a ~ h ~N' ~o > DATE: ~ ~ 5 ~ R hl <br />7 <br />By - - <br />DIVISION OF MIN LS AND GEOLOGY: <br />By DATE: ~~~~ \~~1 <br />Division Dire t <br />Penalty Adlus[n[ent Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(cl and (d) <br />N ~OSSIRCTENP`.CN\'NOBI.NPB <br />