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o~ c~ <br />,~ <br />`' g COLORADO DIVISION OF MINERALS AND GEOLOGY <br />•;~~• 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-356 <br />'°"' ~ECEIVE~' <br />SETTLEMENT AGREEMENT APB ~ 3 1998 <br />NOV/CO NO.: CO-98-001 Division of Minerals 6 Geolocy <br />M[NE: Roadside Portals <br />PERMIT NO.: C-81-041 <br />OPERATOR/PERMITTEE: <br />Powderhorn Coal Company <br />ATTENTION: Howard Abel <br />ADDRESS: P.O. Box 1430 <br />Palisade, CO 81526 <br />DATE ISSUED: January 21, 1998 <br />TYPE OF MINE: Underground/Federal <br />COUNTY: Mesa <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 Apri19, 1998, the Division and the operator hereby <br />agree as follows: <br />1. The amount of the penalty shall be $4,400.00 <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 wi!1 likely be the original penalt}~ assessment, based on the factors referred to in C.R.S. 19'3, <br />34-33-123(8)(a). <br />OPERATOR: ~~.~({~1~) (~~a~rX/J~ (;p ' DATE: h~'~'1~ <br />BY 0~ I2uri.teCi fy' (~G.tX- <br />DIVISION OF <br />By <br />By <br />AND GEOLOGY: <br />Division Director <br />DATE: /T~Zr, lS/r8' <br />~ , <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)J <br />C.R.S 34-33-123(S)(c) and (d) <br />M:\OSS\PMM\tEMP\CN VOiOn I.1nM <br />