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,1;~ hb OF~• <br />~.~~g COLORAI~DIVISION OF MINERALS ~ GEOLOGY <br />~• 1313 Sherman rect. Room 215, Denver, Colorado 80203, 303) 866-3567 <br />Isic' <br />v-t <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-97-008 <br />MINE: West Elk Mine <br />PERMIT NO.: C-80-007 <br />OPERATOR/PERMITTEE: <br />Mountain Coal Company <br />ATTENTION: Eugene E. DiClaudio <br />ADDRESS: P.O. Box 591 <br />Somerset, CO 81434 <br />DATE ISSUED: July 25, 1997 <br />TYPE OF MINE: underground/Federal <br />COUNTY: Gunnison <br />The Division of Minerals and Geology (Division) issued a certain Notice of Proposed Amount of Civil Penalty <br />(Notice), and the operator requested a reconsideration of the Notice by the Division Director by letter dated <br />December 17, 1997. The Division and the operator hereby agree as follows: <br />1. The amount of the penalty shall be E1,000.00; <br />The penalty shall be paid to the Division by the operator no later than 30 days from the date <br />this Agreement is signed by all parties; <br />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 from the issuance of this <br />document, which date is set forth below opposite the signature of the Division Director. <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 referrer! to in C.R.S. 1973, <br />34-33-123(8)(a). <br />OPERATOR: <br />By <br />DATE: <br />DIVISION OF MINE LS AND GEOLOGY: <br />By DATE: ~~~~~~ <br />Division Dire <br />Penally Adjustment Revicwed <br />[Rule S.OS.3(4)(c)I <br />CRS 34-37-123(8)(c) and (d) <br />N:106AIRC1iENPCh'W00~. Nf! <br />