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O~ ~~ <br />•`~`'a COLORAI~DIVISION OF MINERALS A~ GEOLOGY <br />t~• 1313 Sherman e[, Room 215. Denver, Colorado 8020 03) 866-3567 <br />~~^. ! ~s <br />%< <sic• <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-97-009 <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 />Tfie 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 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 $1,250.00; <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 />Payment of such penalty by the operaror 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: <br />By <br />DATE: <br />DIVISION OF MINERALS AND GEOLOGY: <br />By DATE: \`_ ~ \~~C~ <br />Division Dire or <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34.33-12)(B)(c) and (d) <br />M:~OSNR[1TF.MPCU~pgp1 MP! <br />