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'. 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-2005-003 <br />MINE: Seneca II-W Mine <br />PERMITNO.: C-1982-057 <br />OPERATOR/PERMITTEE: <br />DATE ISSUED: Mazch 9, 2005 <br />TYPE OF MINE: Surface/Federal <br />COUNTY: Routt <br />Seneca Coal Company <br />ATTENTION: Roy Karo <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 May 4, 2005, the Division and the operator hereby <br />agree as follows: <br />1. The amount of the penalty shall be $1,000.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from <br />[he 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: <br />By <br />DIVISION OF MINERAL~S!AND/fGEOL~OGY: <br />BY ,~j----r~i~~ DATE: Zoos <br />C rference Officer <br />By <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)1 <br />CRS 34-33-123(8)(c) and (d) <br />C-NV-04 CI9b205) DTM 2W50516 I<WO PM <br />