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a <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman SI., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FAX: 1303) 832-8106 <br />SETTLEMENT AGREEMENT <br />Cessation Order No.: <br />Notice of Violation No.: C-96-021 <br />Mine: Marr Permit No.: C-80-006 <br />Permittee: Kerr Coal Comoanv <br />Mailing Address: <br />Walden, Colorado 80480 <br />Operator: (If other than Permittee): <br />Mailing Address: <br />County: Jackson <br />RESOURCE <br />Roy Ramer <br />Governor <br />lames 5. Lochhead <br />Eeecmive Director <br />Michael B. Long <br />Division Director <br />Type of Mine: Surface /Federal <br />The Division of Minerals and Geology ("the Division") issued a certain Notice of Proposed Amount <br />of Civil Penalty, and the operator requested a conference thereon, as authorized by C.R,S. 1973 <br />34-33-123(8). The requested conference having been held as required by law, on <br />February 4. 1997 ,the Division and the operator hereby agree as follows: <br />1. The amount of the penalty shall be S 500.00 <br />2. The penalty shall be paid to the Division by the operator not later than 30 days <br />from the date this Agreement is signed by all parties; <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 <br />closing date of such conference, which date is set forth below opposite the signature of the <br />Conference Officer. If not so signed, the Division will fix the penalty at whatever amount it deems <br />appropriate based upon the factors referred to in C.R.S. 1973, 34-33-123(8)(d). <br />DATE: <br />OPERATOR: <br />By <br />DATE: '~i 7 ~ 9 J <br />Penalty Adjustment Reviewed <br />(Rule 5.04.3(41fc11 <br />C.R.S. 34-33-123f81fcl and fdl <br />DIVISION OF MINERALS AND GEOLOGY: <br />ey "~ , <br />Conference Of ' <br />By <br />Division Dire <br />m: \coel\e herellarms\5016 <br />