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oF'eO<o <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-2008-003 <br />MINE: Colowyo Coal Mine <br />PERMIT NO.: C-1981-019 <br />OPERATOR/PERMITTEE: <br />DATE ISSUED: July 23, 2008 <br />TYPE OF MINE: Surface/Federal <br />COUNTY: Moffat/Rio Blanco <br />Colowyo Coal Company L.P. <br />ATTENTION: Tay Tonozzi <br />ADDRESS: 5731 State Highway 13 <br />Meeker, CO 81641 <br />The Division of Reclamation, Mining and Safety ("the Division") issued a certain Notice of Proposed Amount of <br />Civil 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 18, 2008, the Division and the operator <br />hereby agree as follows: <br />1. The amount of the penalty shall be $1,000.00; <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 />By <br />DIVISION/? CLAMATI , MINING AND SAFETY: <br />By J C`k DATE: <br />Confe Officer <br />By <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)l <br />CRS 34-33-123(8)(c) and (d)