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- I . DIVISION OF MINERALS AND GEOLOGY Dep. rlment of Natural Resources 1 J 13 Sherman St., Room 215 Dern~er, GdomrLt A0203 Phone: (}OJT R66-3561 FAA tJ011 R3'_-RIUh STATE OF COLORADO ; RECEIVED MAY 4 $ 1999 SETTLEMENT AGREEMENTOivisionofMineralsBGeology Roy Romer Cuvr-rnor Notice of Violation No.: CV-97-020 Mine: West Elk Mine Permittee: Mountain Coal Company Mailing Address: P.O. Box. 591 Permit No.: C-80-007 Somerset, CO 81434 Operator: (lf other than Permitteel: Same Mailing Address: Same County: Gunnison Type of Mine: Underground/Federal ~~~~~~ DEPARTMENT OF NATURAL RESOURCES Tames S toch'nead Eeecutive Duector Michael B. Long Division Diredo~ The Division of Minerals and Geology (Division) issued a Notice of Proposed Amount of Civil Penalty INoticel, and the operator requested reconsideration of the Notice by the Division Director by letter dated April 16, 1998. 1. The amount of the penalty shall be 51,000.00; 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 vdithirt ten days frort~ the issuance of this document, which date is set forth below opposite the signature of the Division Director. If riot sr, signed, the Division will fix the penalty at whatever amount it deems appropriate based upon the factors referred to in C.R.S. 1973, 34-33-1231811d1• DATE: ~/~30~98 DATE: ~' `a,~~~ OPERATOR: ' / „~~. • Y ~. ~ LEGAL By. KM DIVISION OF MINERALS AND GEOLOGY: By Di ' 'on Dir or Penalty Adjustment Reviewed (Rule 5.04.31411c11 C.R.S. 34-33-1 2 31811c1 and Idl M:\O55\PMM\TEMP\970205A MBL