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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Sl., Room 21 S <br />Denver, CO 80203 <br />Phone: f3011 866-3567 <br />FAX: (303) 832-8106 <br />SETTLEMENT AGREEMENT <br />Cessation Order No. <br />Notice of Violation No. C-93-138 <br />of coo <br />Mc~ <br />ti~~ <br />~ !p ]6 ~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Director <br />Mine: Seneca II Permit No. C-80-005 <br />Permittee: Peabody Western Coal Company <br />Mailing Address: 1300 South Yale Street, Flagstaff. AZ 86001 <br />Operator: (If other than Permittee): <br />Mailing Address: <br />County: Routt Type of Mine: Surface/Fede <br />The Mined Land Reclamation Division ("The Division") issued a certain <br />Notice of Proposed Amount of Civil Penalty, and the operator requested <br />a conference thereon, as authorized by C.R.S. 1973, 34-33-123(8). <br />The requested conference having been held as required by law, on <br />November 16. 1993, the Division and the operator hereby agree as <br />follows: <br />1. The amount of the penalty shall be $1100.00. <br />2. The penalty shall be paid to the Division by the operator not <br />later than 30 days from the date thereof; <br />3. Payment of such penalty by the operator shall constitute a <br />waiver of all further rights to review of such penalty or of <br />the violation on which it is based. <br />This agreement shall not be effective unless signed by the operator <br />within then days after the closing date of such conference, which date <br />is set forth below opposite the signature of the Conference Officer. <br />if not so signed, the Division will fix the penalty at whatever amount <br />it teems appropriate, based upon the factors referred to in C.R.S. <br />1973, 34-33-123(8)(d). <br />DATE: <br />Operator <br />by <br />DIVIS/IR1N,, O.F MINERALS AND GEOLOGY <br />DATE : ~ 30 . / 9 49 By ~d ~ . ,~-Gn.n--~ <br />Conference Officer <br />