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OF C~ <br />A~ <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />~'a" ~~ 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-2005-006 <br />MINE: Foidel Creek Mine DATE ISSUED: May 13, 2005 <br />PERMIT NO.: C-1982-056 TYPE OF MINE: Underground/Federal <br />OPERATOR/PERMITTEE: COUNTY: Routt <br />Twentymile Coal Company <br />ATTENTION: Jerry Nettleton <br />ADDRESS: 29515 Routt County Road No. 27 <br />Oak Creek, CO 80467 <br />The Division of Minerals and Geology ("the Division") issued a certain Notice of Proposed Amount of Civil <br />Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973 34-33-123(8). The <br />requested conference having been held as required by law, on July 20, 2005, the Division and the operator hereby <br />agree as follows: <br />1. The amount of the penalty shall be $500.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from <br />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 rights <br />to review of such penalty or of the violation on which i[ is based. <br />This agreement shall not be effective unless signed by the operator within ten days after the closing date of such <br />conference, which date is set forth below opposite the signature of the Conference Officer. <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: G/.CN~ l~,C,c- O/I,CC(f DATE: 7.2%~ 6s <br />By <br />DIVISION OFIVIINE AND GEOLOGY: <br />By <br />Officer <br />By <br />Division Director <br />DATE: ~~/ ~ <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />C-NV-04 CIY82056 BGW 2005~I25 Y0822 AM <br />