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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fax: 303 8328106 <br />OF Cpl <br />tib-' A <br />N~ ,.}.~isr ~~jgi <br />. ~::. <br />• `e,_, <br />~ 1896 ~ <br />Roy Ramer, <br />Governor <br />SETTLEMENT AGREEMENT Fretl R. Banta. <br />Drvswn Dueclor <br />Cessation Order No. N/A Notice of Violation No. C-90-048 <br />Orchard Ya71ey Permit No .: C-81-038 <br />Cyprus Orchard Valley Coal Co. <br />P.0. Box 1299, Paonia, Colorado 81428 <br />'ermittee): Sa me as above <br />Same as above <br />County: Delta Type of Mine: Underground/Federal <br />Mine Name: <br />Permittee: <br />Mailing Address: <br />Operator <br />(If Other than <br />Mailing Address: <br />The Mined Land Reclamation Division ("the Division") issued a certain Notice <br />of Proposed Amount of Civil Penalty, and the operator requested a conference <br />thereon, as authorized by C.R.S. 1973, 34-33-123(8). The requested conference <br />having been held as required by law, on February 5, 1991, the Division and the <br />operator hereby agree as follows: <br />1. The amount of the penalty shall be $550,00; <br />2. The penalty shall be paid to the Division by the operator not later <br />than 30 days from the date hereof; <br />3. Payment of such penalty by the operator shall constitute a waiver <br />of all further rights to review of such penalty or of the violation <br />on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten <br />days after the closing date of such conference. The ten day period shall <br />commence upon receipt of the settlement agreement by the operator. If not so <br />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, <br />34-33-123(8)(d). <br />DATE: <br />0 <br />By <br />DIVISION OF MINED LAND RECLAMATION <br />DATE: ~~/~ 11 By <br />--r--r <br />Penalty Adjustment Reviewed By <br />CRule 5.04.3(4)(c)] <br />C.R.S. 34-33-123(8) (c) (d ) <br />3430E <br />