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COLORADO <br />Division of Reclamation, v�0 <br />Mining and Safety `a <br />Department of Natural Resources R ` <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303 866.3567 F 303 832.8106 `h;<�g.state.c <br />.. _. .._ -�- _ _.... _. -, _. <br />SETTLEMENT AGREEMENT of Fz &osaEe�y <br />NOV /CO NO.: CV- 2014 -004 0%4, <br />Date NOV Issued : June 26`'', 2014 Permit No.: C- 2010 -089 <br />Mine: <br />New Horizon North Mine <br />Operator /Permittee: Western Fuels- Colorado, LLC <br />Address: 12050 N. Pecos St., Suite 100 <br />Westminster, CO 80234 <br />County: <br />Type of Mine <br />Montrose <br />us <br />Surface /Non - Federal <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 August 7, 2014, the Division and the operator hereby <br />agree as follows: <br />1. The amount of the penalty shall be $500.00; <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 />By / DATE: <br />DIVISION OF RECLAMATION, MINING AND SAFETY: <br />By DATE: g l <br />;J S7 <br />Conv& Off <br />By <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34- 33- 123(8)(c) and (d) <br />