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p4 Cpl <br />~°i 4. <br />M " O <br />~ /B]6 ~ <br />COLORADO DIVISION OF MINERALS AND GEOLOG Y <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />~~./LI Y L6./ <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-99-007 OCT 22 1999 <br />Division of Minerals & Geology <br />MINE: Roadside Portals DATE ISSUED: August 20, 1999 <br />PERMIT NO.: C-81-041 TYPE OF MINE: underground/Federal <br />OPERATOR/PERMITTEE: COUNTY: Mesa <br />Powderhorn Coal Company <br />ATTENTION: Don Chikering <br />ADDRESS: P.O. Box 1430 <br />Palisade, CO 81526 <br />The Division of Minerals and Geology ("the Division") issued a certain Notice of Proposed Amount of Civil <br />Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973 34-33-123(8). The <br />requested conference having been held as required by law, on October 13, 1999, the Division and the operator <br />hereby agree as follows: <br />1. The amount of the penalty shall be $750.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from the date <br />this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights to review <br />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 after the closing date of such <br />conference, which date is set forth below opposite the signature of the Conference Officer. <br />If not signed within ten days, the Division will fix the penalty at whatever amount it deems appropriate. The <br />fixed penalty amount will likely be the original penalty assessment, based on the factors referred to in C.R.S. 1973, <br />34-33-123(8)(a). <br />OPERATOR: l OGJCL~r~10 ri'1 (,OCc-~ (,U . DATE: QC/ ~ I ~~ ~g ~ / <br />By i~~l~/~,1~~~ ~ <br />DIVISION OF MINEILALS AND <br />By <br />Officer <br />By <br />Division Director <br />DATE: ~~U`a~"z- I~kll~l~°l <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />III IIIIIIIIIIIII III <br />999 <br />M <br />