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• - - ~• iiiiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Reuwrces <br />I l l f $hcrman SI , Ruom 21 5 <br />Dcnvcr, Colorado X02111 <br />Phunc' 11011 H6fi~5567 <br />FAX: (41111 H R-It 106 <br />RECE'VF_G <br />NOV 18 199fi <br />SETTLEMENT AGREEMENT <br />II~ <br />DEPARTMENT OI <br />NATURAI <br />RESOURCE` <br />Roy Romer <br />Go~e.rxsr <br />Notice of Violation No.: C-96-013 <br />Mine Name: West Elk <br />Permittee: Mountain Coal Company <br />Mailing Address: P. O. Box 591, Somerset, Colorado, 81434 <br />County: Gunnison/Delta <br />Type of Mine: UG/Federal <br />lamps 5 La'hhrad <br />Eaecuos4 Director <br />Michael R. long <br />Division Dnpclrn <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). With the requested conference having been held as required by law on September 26, <br />1996, the Division and the operator hereby agree as follows: <br />1. The amount of the Penalty shall be $1,000.00; <br />2. The Penalty shall be paid to the Division by the operator no later than <br />30 days from the date this Agreement is signed by all parties; and <br />3. Payment of such Penalty by the operator shall constitute a waiver of all <br />further rights to review of such penalty or of the violation on which it <br />is based. <br />This Agreement shall not be effective unless signed by the operator within ten (10) days after the <br />closing date of such conference, which dates is set forth below above the signature of the Division <br />Director. If not so signed, the Division will fix the Penalty at whatever amount it deems appropriate, <br />based upon the factors refermd to in C.R.S. 1997, 34-33-123(8)(d). <br />DATE: /~OdB~W6Gr ~~ ~QQ~o <br />~~ <br />DATE: <br />OPER,A~T/OJR ~/ ~~ / <br />BY: `J`am ~ C-' L/ c ~~2L.~r~." <br />DIVISION OF MINERALS AND GEOLOGY <br />BY: <br />Divi ~ Dir r <br />[Rule 5.04.3(4)(c)] C.R.S. 34-33-123(8)(c)(d) M:\ms\gw\Schmidr.dab <br />