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pYCO <br />fie: <br />~, COLORADO DIVISION OF A'IINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-2002-010 <br />MINE: New Elk Mine <br />PERMITNO.: C-1981-012 <br />Federal <br />OPERATOR/PERMFfTEE: <br />Picketwire Processing, LLC <br />ATTENTION: Ron Thompson, Peak Project Management <br />ADDRESS: 3800 County Road 63.9 <br />Trinidad, CO 81082 <br />DATE ISSUED: 3tme 24, 2002 <br />TYPE OF _MII~TE: Undereround/Non- <br />COUNTY: Las Animas <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 1, 2002, the Division and the operator <br />hereby agee as follows: <br />1. The amount of the penalty shall be $250.00;' <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from <br />the date this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights <br />to review 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 it 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 />DATE: 0~~~ 3 Loo v <br />,, <br />By <br />DIVISION OF MINERALS AND GEOLOGY: <br />By <br />ference f~ac~er ~ <br />By / ~n:Qa~i.'~/ ~ <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />C-NV-OCA C19810R KAG 3003100) IIOIO PM <br />