2011-11-09_ENFORCEMENT - C1982056

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o�'co y c COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY "f87s " 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 SETTLEMENT AGREEMENT NOV/CO NO.: CV- 2011 -005 MINE: Foidel Creek Mine PERMIT NO.: C- 1982 -056 OPERATOR/PERMITTEE: Twentymile Coal, LLC ATTENTION: Jerry Nettleton ADDRESS: 29515 Routt County Road No. 27 DATE ISSUED: November 9, 2011 TYPE OF MINE: Underground/Federal COUNTY: Routt Oak Creek, CO 80467 The Division of Reclamation, Mining and Safety ( "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, 2011, the Division and the operator hereby agree as follows: 1. The amount of the penalty shall be $1,000.00; the proposed penalty is a reduction of greater than 25 %, and therefore has been recommended to, reviewed, and approved by the Division Director, per Rule 5.04.3(4)(c), as signified by signature affixed below; 2. The penalty shall be paid to the Division by the operator not later than 30 days from the date this Agreement is signed by all parties; 3. Payment of such penalty by the operator shall constitute a waiver of all 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 signed within ten days, the Division will fix the penalty at whatever amount it deems appropriate. The fixed penalty amount will likely be the original penalty assessment, based on the factors referred to in C.R.S. 1973, 34- 33- 123(8)(a). OPERATOR: By —Z DIVISION 01 By Cor By Y: DATE: l� �� «� ✓c° DATE: e L1& ( Penalty Adjustment Reviewed [Rule 5.04.3(4)(c)] CRS 34- 33- 123(8)(c) and (d)