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icy _ <br />III IIIIIIIII IIII III <br />i , pF Cpl <br />R~~ <br />`B COLORADO DIVISION OF MINERALS AND GEOLOGY <br />•• 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />''a°`' RECEIVEn <br />-'t SETTLEMENT AGREEMENT ~~~ 21 1999 <br />NOV/CO NO.: CV-99-002 <br />MINE: New Horizon Mine <br />PERMIT NO.: C-81-008 <br />OPERATOR/PERMITTEE: <br />Western Fuels-Colorado <br />_ ATTENTION: Ross Gubka <br />ADDRESS--P:O:-Bax'628 - - - <br />Nucla, CO 81424 <br />Division olMinerals & Geology <br />DATE ISSUED: April 9, 1999 <br />TYPE OF MINE: surface/Non-Federal <br />COUNTY: Montrose <br />The llivision of Minerals and Geology ("the Division") issued a certain Notice of Proposed Amount of Civil <br />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 June 9, 1999, the Division and the operator hereby <br />agree as follows: <br />1. The amount of the penalty shall be $750.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from the date <br />this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights to review <br />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 />OPERATOI <br />By <br />DIVISION OF MINERAUS A <br />By <br />Officer <br />DATE: ~'~a ~-Y <br />DATE: ~y" ~~~ <br />Penalty Adjustment Reviewed <br />[Rule S.1k1.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />