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r <br />• <br />• <br />MINED LAND RECLAMATION DIVISION -_~-` ~-~ <br />Department of Natural Resources <br />t373 Sherman St., Room 276 MQR 0 4 lggl <br />Denver, CO 80203 <br />303 866-3567 <br />Fax: 303 832-8706 Rer,1 feed hand <br />amation pivisioq <br />SETTLEMENT AGREEMENT <br />Cessation Order No. N/A Notice of Violation No. C-90-048 <br />OF. Cpl <br />ti~_' RQQ <br />N`~~90 <br />n\' <br />t.~~'t,~~yY'` ~~ <br />r876 ~ <br />Roy Romer, <br />Govemar <br />Fred R. Banta, <br />Division DireClor <br />Mine Name: Orchard Palley Permit No .: C-81-038 <br />Permittee: Cyprus Orchard Valley Coal Co. <br />Mailing Address: P,O. Box 1299, Paonia, Colorado 81428 <br />Operator <br />(If Other than Permittee): Same as above <br />Mailing Address: Same as above <br />County: Delta Type of Mine: Underground/Federal <br />The Mined Land Reclamation Division ("the Division") issued a certain Notice <br />of Proposed Amount of Civil Penalty, and the operator requested a conference <br />thereon, as authorized by C.R.S. 1973, 34-33-123(8). The requested conference <br />having been held as required by law, on February 5, 1991, the Division and the <br />operator hereby agree as follows: <br />1. The amount of the penalty shall be 5550,00; <br />2. The penalty shall be paid to the Division by the operator not later <br />than 30 days from the date hereof; <br />3. Payment of such penalty by the operator shall constitute a waiver <br />of all furfher rights to review of such penalty or of the violation <br />on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten <br />days after the closing date of such conference. The ten day period shall <br />commence upon receipt of the settlement agreement by the operator. If not so <br />signed, the Division will fix the penalty at whatever amount it deems <br />appropriate, based upon the factors referred to in C, R. S. 1973, <br />34-33-123(8)(d), <br />DATE: c~c~~ t~ (t,6."%v!~r:cY~.i.~(~~1C~, 1~:'~.~ ~~'~ <br />OPERA70 ~, ~~ <br />f' r <br />--~ <br />DIVISION OF~MINED LiND RECLAMATION <br />DATE: ~1/~~I By <br />r--r <br />Penalty Adjustment Reviewed By <br />(Rule 5.04,3(4)(c)] <br />C.R.S. 34-33-123(8}(c)(d) <br />3430E <br />