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STATE OF COLORADO MPNED LcAN1DaRECLAMATION DIVISION ~ ~ ~ ~ N~ nV ~~ ~ of co~~ ~e ~~ 1313 Sherman St., Room 215 2 6 1991 ~•O• Denver, C080203 SEP V../ 303 866-3567 'ra-re• Fa x. 303 832-8106 Mined Recl hand Govemorer, SETTLEMENT AGREEMENT amatlor, !)1v)$IOn Fred R. Banta, Division Director Cessation Order No. Notice of Violation No. C-91-007 Mine Name: F\>`ta No. 1 & No. 2 Permit No.: 79/60/ug/c; Permittee: Novel File No.: C-81-015 Mailing Address: Operator (If Other than Permittee): American Shield Coal Company Mailing Address: 10830 N. Central Expwy, Suite 175, Dallas, Texas 75231 County: Mesa Type of Mine: Underground/Private The Mined Land Reclamation Division ("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 September 11, 1991, the Division and the operator hereby agree as follows: 1. The amount of the penalty shall be 550.00; 2. The penalty shall be paid to the Division by the operator not later than 30 days from the date hereof; 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 so signed, the Division will fix the penalty at whatever amount it deems appropriate, based upon the factors referred to in C.R.S. 1973, 34-33-123(8>(d>. DATE: ~~~~1 American Shield Coal Company OPERATOR By ~ C" ~-/~S DATE: I'I 1591 Penalty Adjustment Revie~ded [Rule 5.04.3(4)(c)] C.R.S. 34-33-123(8>(c)(d> DIVISION ~F MINED LAND ECLAMATION By ~ ferenc Officer By Division Director 8133E