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SETTLEMENT AGREEMENT <br />Cessation Order No. <br />Notice of Violation No. C-85-027 <br />Mine Name: Mt. Gunnison No. 1 Mine Permit No.: C-007-80 <br />Permittee: West Elk Coal Company <br />Mailing Address: P.O. Box 591, Somerset, Colorado 81434 <br />Operator <br />(If Other than Permittee): <br />Mailing Address: <br />County: Gunnison Type of Mine: Underground <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, the Division and the operator hereby <br />agree as follows: <br />1. The amount of the penalty shall be $500.00 ; <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 />DATE: /1 ~ 5~ ~ j G 5 <br />Penalty ent Approved <br />[Rule 5.04.3(4)(c)] <br />OPERATOR <br />By <br />DI <br />8Y ~__ ~I~o ~~/~~ <br />i t;onterence utticer <br />~i ~: --~ ~ ,~~~ ~~ <br />Division Director <br />C.R.S. 34-33-123(8)(c)(d) <br />(Rev. 5/85) <br />Doc. No. 5016 <br />