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oP co ` <br />~\ <br />F <br />R~ <br />•1816 <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />SETTLEMENT AGREEMENT RECEIVED <br />NOV/CO NO.: CV-2005-003 <br />JUN 0 22005 <br />MINE: Seneca II-W Mine <br />PERMIT NO.: C-1982-057 <br />OPERATOR/PERMITTEE: <br />Seneca Coal Company <br />ATTENTION: Roy Karo <br />ADDRESS; P.O. Box 670 <br />~ ert-CO-81'639-- <br />DATE ISSUED: MaoritaH!dENI'0~'sa"dcewoaY <br />TYPE OF MINE: Surface/Federa] <br />COUNTY: Routt <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 />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 />the date this Agreement is signed by all parties; <br />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. <br />fixed penalty amount will likely be the original penalty assessment, based on the factors referred to in C.R.S. <br />-34=33=i33(8)(a). ~ - <br />OPERATOR: Sc^~~'~~~ ~o <br />By <br />DATE: ~ °~'3 OS- <br />DIVISION OF MINERALS AND GEOLOGY: ~/ <br />By ~ DATE: 4~ /7 Tws <br />C ference Officer <br />By <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 34-33-123(8)(c) and (d) <br />The <br />1973, <br />C-NVA4 C19820A UTM 20050516 14N0 PM <br />