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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources ~ 7t' ' ' ~ w <,~ <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (303) 866-3567 NOV 121992 <br />FA%: (303) 832-8106 ' <br />SETTLEMENT AGREEMENT A4INERALS 5 ~~1=' - <br />Cessation Order No. Notice of Violation No. C-92-018 <br />Mine Name: Seneca II Permit No.: C-80-005 <br />Permittee: Peabody Coal Company <br />Mailing Address: Mr. Gary W. Wendt, 1300 South Yale, Flagstaff, AZ 86001 <br />Operator <br />(If Other than Permittee): <br />Mailing Address: <br />County: Routt Type of Mine: Surface, Federal <br />pF' COQ <br />NR~; ~ <br />~~ <br />•~18 ]6~ <br />Roy Romer <br />Governor <br />M ¢hael B. Lung <br />D rvision Dveaor <br />The Division of Minerals and Geology ("the Dlvision") 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 October 27, 1992, the Division and the <br />operator hereby agree as follows: <br />1. The amount of the penalty shall be 5250.00; <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 referred to in C.R.S. 1973, 34-33-123(8)(4). <br />DATE: November 10, 1992 Peabody Western Coal Comoanv ~ <br />OPERATOR ~ .~.~~ <br />By <br />DIVISION ~~NERA ~6EOLOGY <br />DATE : \\~-~~~r~ g y \v <br />Terence Officer <br />Penalty Adjustment Reviewed By <br />[Rule 5.04.3(4)(c)I Divlsi 01 for <br />C.R.S. 34-33-123(8>(U (d> <br />5292E <br />/scg <br />