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DEC 21 '94 10~21AM DIViMINERRLS8GE0LOGY DIVISION OF MINERALS AND GEOLOGY DepanmeM of Natural ReswFCas 1313 Sherman St., Roam 215 oenvc+, eologdo ao2n3 Piwne: c3o3) ee(r3se7 FAY;(303)B3b8106 F.;i- TE OF COLORADO RECEIVED DEC 2 7 1994 pivision of wunerals & Geology SETTLEMENT AGREEMENT Cessation Order No. Notice of Violation No. C-94-o32 DEPARTMENT ~I NATtJRAL RESOLJRC>rS Rq Romei --.- [n]YErl1J~ la ~*~c+ S. loch hc..d F .cw n.c fi ~~R m• b~l[~~d21 E 4~ng Mine:Orchard Va11e~Mi~e Permit No. C-81-038 Permittee: Cyprus Orchard Valley Coal Company _. Mailing Addr2ss:__P.O. Box 1299 Paonia CO 81428 _ _ operator: (If other than Permittee): Mailing Address: County: Delta Type of Mine: Undergroundd~ Federal The Division of Minerals and Geology ("The Division^) issued a certain Notice oP 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 December 13 and 15, 1994, the Division and the operator hereby agree as follows: 1. The amount of the penalty shall be $2250.00 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)(4). OPERATOR: DATE: ~I IL DATE: ~~/a-i 19~ Penalty Adjustment Reviewed IRuN 5.Oa.31411c11 (:. R. S. 34.13.128 f 8) f rJ (d/ DIVISION OF MINERALS AND GEOLOGY: By ~ ~>~~~ ,~~ nference officer gy Y fin- _7 Division Ctor