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STATE OF COLORP~DO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman 51., Room 215 Denver, Colorado 80203 Phone: 13031866-3567 FAX:17031832-8106 SETTLEMENT AGREEMENT Cessation Order No. Notice of Violation No. C-94-034 ~~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames S. Lochhead ' EMPCUIivP DlreClOr M;chael B. long Mine:New Elk Mine Permit No. C-81-012 n~„~~~~n n;,ec,or Permittee: Basin Resources Inc. Mailing Address:14300 Higpway 12 Weston. CO 81901 Operator: (If other than Permittee): Mailing Address: County: Las Animas Type of Mine: Underground/Private 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 January 12, 1995, the Division and the operator hereby agree as follows: 1. The amount of the penalty shall be $1250.00 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 the 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 so signed, the Division will fix the penalty at whatever amount it deems appropriate, based upon the factors referred to in C.R.S. 1973, 34-33-123(8)(d). OPERATOR: DATE: DATE: (Ja.~/ 9J Penalty Adjustment Reviewed 1RUM 5.04.31411c11 C.R.S. 34-33-a 231811c11d1 By: DIVISI//O~~N OF HINERALS AND GEOLOGY: By c}'1~L.~.L.L~_ ~. ~-L-n.3-.-J ference Officer By~ Cl Divisibrt`Direc r