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MINE: Foidel Creek Mine <br />PERMIT NO.: C- 1982 -056 <br />OPERATOR/PERMITTEE: Twentymile Coal, LLC <br />ATTENTION: Jerry Nettleton <br />ADDRESS: 29515 Routt County Road No. 27 Oak Creek, CO 80467 <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 28, 2011, the Division and the operator <br />hereby agree as follows: <br />OPERATOR: <br />By <br />DIVISION OF <br />By <br />By <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- 2011 -005 <br />DATE ISSUED: November 9, 2011 <br />TYPE OF MINE: Underground/Federal <br />COUNTY: Routt <br />1. The amount of the penalty shall be $1,000.00; the proposed penalty is a reduction of greater than <br />25 %, and therefore has been recommended to, reviewed, and approved by the Division Director, <br />per Rule 5.04.3(4)(c), as signified by signature affixed below; <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 />Conference Officer <br />Division Director <br />ATION, MINING AND SAFETY: <br />DATE: <br />DATE: D/o( (2ot <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34- 33- 123(8)(c) and (d) <br />