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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 131 3 Sherman St.. Room 215 Denver, CO 80203 Phone: U031 866-3567 FAX: (303183?-8106 SETTLEMENT AGREEMENT Cessation Order No. N/A Notice of Violation No. C-92-005 Mine Name: New Elk Mine Permit No.: C-81-012 Permittee: Wyoming Fuel Company Mailing Address: 10250 Highway 12 Weston, CO 81091 Operator (If Other than Permittee): Mailing Address: County: Las Animas Type of Mine: Underground/Private pF p0~ ti~ i ;e~~^'O e • ~retml'• Rov Romer Governor Michael B. LOnp Division Dueaor The Division of Minerals and Geology ("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 by law, on October 28, 1992, the Division and the operator hereby agree as follows: The amount of the penalty shall be $1,000.00; 2. The penalty shall be paid to the Division by the operator not later than 30 days from the date hereof; 3. Pa~dment of such penalty by the operator shall constitute a waiver Of 311 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, which date is set forth below opposite the signature of the Conference Officer. 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)(4). DATE: DATE: ~~ ~``- o. Penalty Adjustment Reviewed CRule 5.04.3(4)(c)7 C.R.S. 34-33-123(8>(c>(d) OPERATOR By DIVISION OF M kER'AT5-A D GEO GY ~., .~~ Eonference Officer B y ~ ~~ .~~~~~ Divi to irec 5295E