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~~'a <br />~~~''~.'/ COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br /> SETTLEMENT AGREEMENT <br /> NOV/CO NO.: CV-2003-014 <br /> RECE9VED <br />MINE: Seneca II-W Mine MAR O B X04' DATE ISSUED: November 21, 2003 <br />PERMIT NO.: C-1982-057 TYPE OF MINE: Surface/Federal <br /> Diviaioe at Minerals and Geology <br />OPERATOR/PERMITTEE: COUNTY: Routt <br />Seneca Coal Compan y <br />ATTENTION: Roy Kazo <br />ADDRESS: P.O. Box 670 <br />Hayden, CO 81639 <br />The Division 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 January 27, 2004, the Division and the operator <br />hereby agree as follows: <br />1. The amount of the penalty shall be $1,350.00; <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 />DATE: Z' 9- o <br />By <br />DN[S[ON OF MINERALS AND GEOLOGY: <br />By <br />onferen`4~ ~~~a'~~ <br />By <br />Division Director <br />DATE: ~ Z°p <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />GNV-0f C19B205] DTM 20W0130 IId803 AM Ett <br />