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- =~-~.. <br />II I I II I I~ ~ ~I IIII III STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION ~ ~ ~o ~:. ~ ~' ~, <br />Department of Natural Resources <br />DenverhCO 80 Ot3 Room 215 S ~ P 2 6 1991 <br />303 666-3567 <br />Fnx 3D3 Biz-e~ os Mined Land <br />SETTLEMENT AGREE MNTlamati0n DIV1Si0R <br />Cessation Order No. Notice of Violation No. C-91-005 <br />Mine Name: Fr 'ta No. 1 & No. 2 <br />Permittee: None <br />Mailing Address: <br />Operator <br />(If Other than Permittee) <br />Mailing Address: 10830 N. <br />County: Mesa <br />OF COC <br />R~ ~~7p <br />NC ~ O <br />~{+ <br />~ /876 ~ <br />Roy Romer, <br />Governor <br />Fred R. Banta, <br />Division Director <br />Permit No.: 79/60/ug/c; <br />File No.: C-81-015 <br />American Shield Coal Company <br />Central Expwy, Suite 175, Dallas, Texas 75231 <br />Type of Mine: Underground/Private <br />The Mined Land Reclamation Division ("the Division") issued a certain Notice <br />of Proposed Amount of Civil Penalty, and the operator requested a conference <br />thereon, as authorized by C.R.S. 1973, 34-33-123(8). The requested conference <br />having been held as required by law, on September 11, 1991, the Division and <br />the operator hereby agree as follows: <br />The amount of the penalty shall be 91800.00; <br />2. The penalty shall be paid to the Division by the operator not later <br />than 30 days from the date hereof; <br />3. Payment of such penalty by the operator shall constitute a waiver <br />of all further rights to review of such penalty or of the violation <br />on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten <br />days after the closing date of such conference, which date is set forth below <br />opposite the signature of the Conference Officer. If not so signed, the <br />Division will fix the penalty at whatever amount it deems appropriate, based <br />upon the factors re `erred to in C.R.S. 1973, 34-33-123(8>(d). <br />DATE: ~ Z ~i American Shield Coal Company <br />OPERATOR <br />By ~ W ~^^~""~ <br />DATE: ~ ~7 <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4>(c)l <br />C.R.S. 34-33-123(8)<c)(d) <br />DIVISION F MINED LAND RECLAMATION <br />By ~~~ <br />Confe~ce 0fficerOfficer <br />By <br />Division Director <br />8126E <br />