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OF'cOlp <br />c ~ <br />;.~~~.$ COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />~e,d' <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-99-007 <br />MINE: Roadside Ponals <br />PERMIT NO.: C-81-041 <br />OPERATOR/PERMITTEE: <br />Powderhorn Coal Company <br />ATTENTION: Don Chikering <br />ADDRESS: P.O. Box 1430 <br />Palisade, CO 81526 <br />DATE ISSUED: August 20, 1999 <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 October 13, 1999, the Division and the operator <br />hereby agree as follows: <br />1. The amount of the penalty shall be $750.00; <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 if deems appropriate. The <br />fixed penalty amount will likely be the original penalty assessment, based on the factors referred to in C.R.S. 1973, <br />34-33-123(8)(a). <br />OPERATOR: <br />DATE: <br />By <br />DIVISION OF MINERALS AND <br />By G~-u~^--~ DATE: <br />Confe nce Officer <br />By <br />Division Director <br /> <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />M'~OSN0.C~TEMPC`l~'pp1l DTM <br />