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<br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural RPSUUrf es <br />1713 Sherman 51 . Room ? 15 <br />Drover, Colorado 80?03 <br />Phnnc. 1 411}I 8fi6-libi <br />SETTLEMENT AGREEMENT <br />Ruy Romer <br />Governor <br />Notice of Violation No.: CV-97-020 <br />Mine: West Elk Mine <br />Permit No.: C-80-007 <br />Permittee: Mountain Coal Company <br />Mailing Address: P.O. Box 591 <br />Somerset, CO 81434 <br />Operator: (lf other than Permittee): Same <br />Mailing Address: Same <br />County: Gunnison <br />STATE OF COLORADO <br />Type of Mine: Underground/Federal <br />DEPARTM1tENT OF <br />NATURAL <br />RESOURCES <br />lames 5. LuChhrad <br />EvecuGve Dvecor <br />Michael B Long <br />Division Direau, <br />The Division of Minerals and Geology (Division) issued a Notice of Proposed Amount of Civil Penalty <br />(Notice), and the operator requested reconsideration of the Notice by the Division Director by letter <br />dated April 16, 1998. <br />1. The amount of the penalty shall be 51,000.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from <br />the date this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights <br />to review of such penalty or of the violation on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten days from the <br />issuance of this document, which date is set forth below opposite 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 referred to in C.R.S. 1973, 34-33-1231811d1. <br />DATE: <br />OPERATOR: <br />By <br />DATE: `' a~~~~ <br />Penalty Adjustment Reviewed <br />(Rule 5.04.31411c11 <br />C.R.S. 3 4-3 3-1 2 31811c1 and Idl <br />DIVISION OF MINERALS AND GEOLOGY: <br />By <br />Di on Dir or <br />M:\OSS\PMM\TEMP\970205A MBL <br />