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,f <br /> STATE OF COLORADO <br /> DIVISION Of MINERALS AND GEOLOGY <br /> OF't0[O <br /> Department of Natural Resources <br /> „e <br /> 1313 Sherman St.,Room 215 <br /> Denver,CO 60203 <br /> Phone:(303)866-3567 ays' <br /> FAX:(303)832-8106 <br /> Roy Romer <br /> March 15, 1993 Governor <br /> Michael B.Long <br /> Division Director <br /> Mr. Karl Koehler <br /> Cyprus Orchard Valley Coal Corporation <br /> P.O. Box 1299 <br /> Paonia, CO 81428 <br /> Re: Orchard Valley Mine, File No. C-81-038, Assessment Conference <br /> for Notice of Violation No. C-92-035 <br /> Dear Mr. Koehler: <br /> Enclosed please find the proposed settlement agreement for NOV C- <br /> 92-035. This proposal is based on the assessment conference held <br /> in our office on February 4 , 1993 . The conference was continued to <br /> March 12, 1993, to allow for the possibility that ground conditions <br /> might allow for final abatement and a consideration of good faith. <br /> It is my understanding that conditions have not allowed for <br /> completion of the abatement and the enclosed settlement therefore <br /> contains no proposed reduction for good faith. The reasoning for <br /> continuing the conference to March 12 is explained in my letter to <br /> you of February 5, 1993 . <br /> If you agree with the settlement agreement, please sign it and <br /> return it to our office as instructed on the form. If you <br /> disagree, do not sign the form. The Division will fix the civil <br /> penalty and you may appeal that decision to the Board as outlined <br /> in the Regulations, Rule 5. 04.4 . <br /> Sincerely, <br /> Dan T. Mathews <br /> Assessment Conference Officer <br /> Enclosure(s) <br /> cc: Steve Shuey, w/enclosures <br /> C: \wp51\nov35mmo.dtm <br /> Certified Mail No. P 179 166 993 <br /> Return Receipt Requested <br />