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iii iiiiiiiiiiiiiiii • • <br />999 <br />{ STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Rewurces <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13071 866]567 <br />FAX: 13031 83 2-81 06 <br />May 12, 1997 <br />Mr. Michael Altavilla <br />Seneca Coal Company <br />Drawer D <br />Hayden, CO 81639 <br />I~~~ <br />DEPARTMENT OI <br />NATURAL <br />RESOURCE` <br />Roy Romer <br />Gav¢rnor <br />tames S. Lochhead <br />ERttuiive Director <br />Michael B. Long <br />• Diviaon Dnector <br />RE: Notice and Order to Pay Fixed Penalty, NOV C-96-018, Yoast Mine (C-94-082) <br />Dear Mr. Altavilla: <br />Seneca Coal Company (SCC) declined to sign and return the April 11, 1997 settlement <br />agreement for NOV C-96-018. Therefore, the enclosed Notice and Order to Pay Fixed <br />Penalty is being forwarded. No further administrative action by SCC is required in regard <br />to this NOV. However the abatement does need to be completed as outlined on the NOV <br />form and in Larry Routten's April 21, 1997 letter to SCC. <br />The Division is fixing the penalty at $0.00. Therefore, if SCC wishes to contest the NOV, <br />it will not be necessary to place any penalty in escrow as indicated on the form. Please note <br />however, that any request for a public hearing on the NOV must be received by the Division <br />within thirty days following receipt of this notice. The Facing of the penalty at the amount <br />which was proposed by Mike Long in his April 8, 1997 letter to you is a diversion from our <br />normal policy. In most instances, when an operator declines to accept a settlement <br />agreement the Division fixes the penalty at the pre-settlement agreement amount. In this <br />case that amount is $1,600. We are diverting from our normal policy in this case, due to <br />the confusion and/or uncertainty regarding ultimate jurisdiction of the disturbance which <br />resulted adjacent to CR 27a. In addition, SCC has worked patiently and diligently with <br />DMG in order to determine what appropriate abatement was required for the NOV. In <br />recognition of this set of mitigating circumstances, we believe that setting the penalty at $0 <br />to be appropriate. <br />If you have any questions, please free to contact me, Larry Routten or Erica Crosby. <br />Sincerely, <br />/ ~ r <br />~u$('~.f,~~~ l.C,~,L1,11~L~t ~ <br />Susan McCann <br />Coal Program Supervisor <br />cc: Larry Routten Erica Crosby <br />F <br />