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pF'CO <br />j: <br />•,$ COLORADO DIVISION OF MINERALS AND GEOLOGY <br />"" ~ 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />P <br />SETTLEMENT AGREEMENT ~Cl ~ $-~~~~ <br />NOV/CO NO.: CV-2002-010 <br />i7irisisn of Minerals and Geology <br />MINE: New Elk Mine DATE ISSUED: June 24, 2002 <br />PERMITNO.: C-1981-012 TYPE OF MINE: Underground/Non- <br />Federal <br />OPERATOR/PERMITTEE: COUNTY: Las Animas <br />Picketwire Processing, LLC <br />--ATTENTION: :Ron Thompson, P-eak Project Management - ---- - - - - --- <br />ADDRESS: 3800 County Road 63.9 <br />Trinidad, CO 81082 <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 1, 2002, the Division and the operator <br />hereby agree as follows: <br />The amount of the penalty shall be $250.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from <br />the date this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights <br />to review of such penalty or of the violation on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten days after the closing date of such <br />conference, which date is set forth below opposite the signature of the Conference Officer. <br />If not signed within ten days, the Division will fix the penalty at whatever amount it deems appropriate. The <br />- ----fixed penalty amount will likelybe the original penalty~assessment, based on the factors referred to in C.R:S. 1973; -- <br />34-33-123(8)(a). <br />OPERATOR: 1 ~ O CRSSlK7 <br />By ~~~ <br />DIVISION OF MINERALS AND GEOLOGY: <br />By <br />ference tcer <br />Division Director <br />DATE: ©GrGYi~! `O . ~D ~' <br />i <br />DATE: OG~/_..s., 3 ~ z.o~ <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />C-NV-0tA CIYN 101$ KAG 30031001_II010 PM <br />Ce,-t~~ ~x ~ /lye a~ 2 7~ 8/~ <br />