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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br />Phone: (303) 866-3567 DIVISION O F <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />October 9, 2008 <br /> Bill Ritter, Jr. <br /> <br />Colowyo Coal Company Governor <br />o <br /> <br />Attn: Tay Tonozzi Harris <br />Sherman <br /> Executive Director <br />5731 State Hwy 13 <br /> Ronald W. Cattany <br />Meeker, CO 81641 Division Director <br /> Natural Resource Trustee <br />RE: Colowyo Coal Mine; Permit Number C-1981-019; Notice of Violation <br /># CV-2008-003 <br />Dear Mr. Tonozzi: <br />I have enclosed the Settlement Agreement and the Settlement Agreement Justification for <br />the above cited Notice of Violation. This agreement is the result of the Assessment <br />Conference that was held at the Division of Reclamation, Mining and Safety's Denver <br />Office on October 3, 2008. If you agree with the penalties, please sign the Settlement <br />Agreement within ten days as instructed on the form. If you disagree with the Settlement <br />Agreement, do not sign it. The Division will fix the penalty pursuant to Rule 5.04.3(5) <br />and you may request a Board Hearing. <br />Please feel free to contact me at (303) 866-4926 if there are any questions. <br />Since ely, <br />Anthony . Waldron <br />Conference Officer <br />CERTIFIED MAIL RECEIPT NO. 7003 1680 0000 6427 9834 <br />Enclosure(s) <br />Cc: <br />Jim Stark (w/enclosures)-DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines