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:. iii niiiiiiiiiu iii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 3 Shcrm,m SL, Room 215 <br />Dern•er, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: U071832-P106 <br />Michael G. Altavilla <br />P.O. Drawer D <br />Hayden, Colorado 81639 <br />October 30, 1996 <br />RE: Yoast Mine, Seneca Coal Company, Permit ~C-94-082, <br />NOV NC-96-016 <br />Dear Mr. Altavilla: <br />!)F ep[p <br />":b <br />ti~ o <br />:,~g . <br />r8T6 ~' <br />Roy Romer <br />Governor <br />Michael H. long <br />Uim.ion I7urUUr <br />Attached is a proposed Settlement Agreement for Notice of Violation C-96-016. On July 31, <br />1996 the Colorado Division of Minerals and Geology (DMG) issued a Notice of Violation <br />(NOV). On Aug. 27, 1996 the DMG issued a notice that it intended to impose a civil <br />penalty of $1,750.00. In response to these notices, you requested a conference as authorized <br />by C.R.S. 34-33-123(8). The conference was held on Sep. 30, 1996. <br />As a result of the conference, I am proposing that you and the DMG resolve the NOV by <br />entering into the attached Settlement Agreement. <br />If you agree with my recommendations please sign the attached Settlement Agreement within <br />ten days. <br />If you do not agree with the terms of the Settlement of Agreement, do not sign it. As result, <br />the DMG will fix the penalty, contained in the civil penalty notice pursuant to Rule 5.04.3(5) <br />and you may request a Mined Land Reclamation Board hearing to dispute the NOV and the <br />civil penalty. <br />Sincerely, <br />Dan ulif e <br />Conference Officer <br />cc: Susan McCannon <br />llMG Coal Program Director <br />