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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 }Sherman $L, Room 215 <br />Denver, CO 80203 <br />Phone: (303)866-3567 <br />FA%: (}031 83:8106 <br />Cessation Order No.: N/A <br />Mine: Orchard Valley Mine <br />Permittee: Cyprus Orchard Valley Coal Corp. <br />Mailing Address: P.O. Box 1299 <br />Paonia, CO 81428 <br />Operator: (lf other than Permittee): Same <br />Mailing Address: Same <br />County: Delta <br />Notice of Violation No.: C-93-147 <br />Permit No.: C-81-038 <br />Of ~QrO <br />.ta4 <br />N~~ ~~ <br />" 1816 <br />Roy Romer <br />Governor <br />Michael B. long <br />Division Director <br />Type of Mine: UndergroundlFederal <br />The Division of Minerals and Geology 1"the Division") 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 the 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, 34-33-12318)Id). <br />DATE: <br />DATE: ~ cls./ s 3 <br />Operator <br />By <br />DIVIS~y F MINERALS AND GEOLOGY <br />BV~.- G //fir ~_/.'~tr-~1,~'s <br />~.j'~ erence O ficer <br />,~: <br />BY <br />Division Director <br />Penalty Adjustment Reviewed <br />(Rule 5.04.314)Icll <br />SETTLEMENT AGREEMENT <br />C.R.S. 34-3 3-1 2318) Iclldl <br />