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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 2t 5 <br />Denver, CO 80203 <br />303 8663567 <br />Fa x: 303 832-8106 <br />DE ~o~ <br />~~~ ~9p <br />he %~"fir O <br />.: r- a <br />.' <br />~~: . <br />~ Ig pe ~ <br />Roy Romer, <br />Governor <br />Fred R Banta. <br />Division Director <br />SETTLEMENT AGREEMENT <br />Operator <br />(If Other than Permittee): <br />Mailing Address: <br />County: Mesa Type of Mine: Underground/Private <br />Cessation Order No. Notice of Violation No. C-91-038 <br />Mine Name: Fruita No. 1 and 2 Permit No.: C-81-Oi5 <br />Permittee: American Shield Coal Company <br />Mailing Address: 10830 N. Central Expressway, Dallas TX 75231 <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 11, 1992, the Division and <br />the operator hereby agree as follows: <br />The amount of the penalty shall be $400.00; <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, which date is set forth below <br />opposite the signature of the Conference Officer. If not so signed, the <br />Division will fix the penalty at whatever amount it deems appropriate, based <br />upon the factors referred to in C.R.S. 1973, 34-33-123(8>(d). <br />DATE: <br />By <br />DATE: By <br />OPERATOR <br />DI6 <br />Penalty Adjustment Reviewed By <br />[Rule 5.04.3(4)(c>] <br />C.R.S. 34-33-123(8)(c)(d) <br />1334E <br />