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iiiiiiiuiiiiiii~ii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nalural Resources <br />131 3 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (303) 866-3567 <br />FAX: 1303)832-8106 <br />SETTLEMENT AGREEMENT <br />Cessation Order No.: N/A <br />Mine: Orchard Valley Mine <br />~~~FJ 1 ~ co <br />j~J~ <br />Notice of Violation No.: C-93-147 <br />Permit No.: C-81-038 <br />Permittee: Cyprus Orchard Valley Coal Corp. <br />Mailing Address: P.O. Box 1299 <br />Paonia, CO 81428 <br />Operator: (lf other than Permitteel: Same <br />Mailing Address: Same <br />County: Delta <br />OF ~~t0 <br />~~, <br />„° i <br />~ rBl6 ~ <br />RoY Romer <br />Governor <br />Michael B. Long <br />Division Dneaor <br />Type of Mine: Underground/Federal <br />The Division of Minerals and Geology ("the Division"1 issued a certain Notice of Proposed Amount of <br />Civil Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973 <br />34-33-123181. The requested conference having been held as required by law, on December 30, 1993, <br />the Division and the operator hereby agree as follows: <br />1 . The amount of the penalty shall be 51,650.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days <br />from the date hereof; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further <br />rights to review of such penalty or of the violation on which it is based. <br />This agreement shall not be effective unless signed by thte operator within ten days after the closing date <br />of such conference, which date is set forth below opposite the signature of the Conference Officer. If <br />not so signed, the Division will fix the penalty at whatever amount it deems appropriate based upon the <br />factors referred to in C.R.S. 1973, 34-33-1231811d1. <br />'/ ~ <br />DATE: /`- %C- %'Y ~ r ' <br />' O .erator <br />By i <br />DIVISI F MINERALS AND GEOLOGY <br />DATE: 1 t/s~/ 4 3 By~ 1_ /Nc,~,~ ~S <br />~~Co erence O~ficer <br />l~ <br />ay <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3141(cll <br />C.R.S. 34-33-12318)Iclldl <br />