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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />131 7 Sherman Si.. Room 115 <br />Denver, Colorado 80207 <br />Phone: 13031 866-3567 <br />FAX: 13031 831-8106 <br />SETTLEMENT AGREENENT <br />Cessation Order No. <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames S Lochhead <br />Notice Of Violation No. C-95-021 6ecutive DireUOr <br />Mine: Roadside Portals Permit No. C-81-041 ~1'chael B. LOng <br />irecbr <br />Permittee: Powderhorn Coal Company <br />Mailing Address: P.O. Box 1430, Palisade. CO 81526 <br />Operator: (If other than Permittee): <br />Mailing Address: <br />County: Mesa Type of Mine: Underground/Federal <br />The Division of Minerals and Geology ("The Division") issued a certain <br />Notice of Proposed Amount of Civil Penalty, and the operator requested <br />a conference thereon, as authorized by C.R.S. 1973, 34-33-123(8). <br />The requested conference having been held as required by law, on <br />SeQtember 29. 1995, the Division and the operator hereby agree as <br />follows: <br />1. The amount of the penalty shall be $ 1650.00 <br />2. The penalty shall be paid to the Division by the operator not <br />later than 30 days from the date this agreement is signed by <br />all parties; <br />3. Payment of such penalty by the operator shall constitute a <br />waiver of all further rights to review of such penalty or of <br />the violation on which it is based. <br />This agreement shall not be effective unless signed by the operator <br />within ten days after the closing date of such conference, which date <br />is set forth below opposite the signature of the Conference Officer. <br />If not so signed, the Division will fix the penalty at the original <br />proposed amount based upon the factors referred to in C.R.S. 1973, <br />34-33-123(8)(d). <br />OPERATOR: <br />DATE: <br />By: <br />DIVISION OF MINERALS AND GEOLOGY: <br />DATE: Ic~IIC~,I ~S By <br />Penalty Adjustment Reviewed By <br />111u1e 5.04.314)Icl) <br />C.R.S. 34-3 3-1 2 318)IClltl) <br />