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STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver. CO 80203 303 6663567 Fn x: 303 832-610fi pF COO ~ - ~9 ~~ ~ ~~/i •~;~ ~ r876 ~ County: Delta Type of Mine: Underground/Federal Mailing Address: P.O. Box 1299, Paonia, Colorado 81428 Operator (If Other than Permittee): Sane as above Mailing Address: Same as above Foy Romer. SETTLEMENT AGREEMENT Governor Fretl R. Banta. Drvrsion D~regor Cessation Order No. N/A Notice of Violation No. C-90-047 Mine Name: Orchard Valley Permit No .: C-81-038 Permittee: Cyprus Orchard Valley Coal Co. The tdined Land Reclamation Division ("the Division") issued a certain Notice of Proposed Amount of Civil Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973, 34-33-123(8). The requested conference having been held as required Dy law, on February 5, 1991, the Division and the operator hereby agree as follows: The amount of the penalty shall be 5300.00; 2. The penalty shall be paid to the Division by the operator not later than 30 days from the date hereof; 3. Payment of such penalty by the operator shall constitute a waiver of all further rights to review of such penalty or of the violation on which it is based. This agreement shall not be effective unless signed by the operator within ten days after the closing date of such conference. The ten day period shall commence upon receipt of the settlement agreement by the operator. If not so signed, the Division will fix the penalty at whatever amount it deems appropriate, based upon the factors referred to in C.R.S. 1973, 34-33-123(8)(d). DATE: OPERATOR By DIVISION OF MINED LAND RECLAMATION DATE: a~la~gl BY Penalty Adjustment Reviewed By [Rule 5.04.3(4)(c)] C.R.S. 34-33-123(8)(c)(d) 3430E