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~~~ ~ <br />s <br />". COLORADO DIVISION OF NIINERALS AND GEOLOGY <br />y `8" ~ 1313 Sherman Street, Room 2I5, Denver, Colorado 80203, (303) 866-3567 <br />MINE: Seneca II-W Mine <br />PERMITNO.: C-1982-057 <br />OPERATOR/PERMTTTEE: <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-2003-015 <br />~ECE@i!E® <br />MAR 0 g 2004 <br />Division of Minerals and Geology <br />Seneca Coal Company <br />ATTENTION: Roy Kano <br />ADDRESS: P.O. Box 670 <br />Hayden, CO 81639 <br />DATE ISSUED; November 21, 2003 <br />TYPE OF MINE: Surface/Federal <br />COTJNTY: 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 January 27, 2004, the Division and the operator <br />hereby agree as follows: <br />The amount of the penalty shall be $1,100.00; <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 paRies; <br />3. 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. The <br />fixed penalty amount will likely be the original penalty assessment, based on the factors refen•ed to in C.R.S. 1973, <br />34-33-123(8xa). <br />OPERATOR: ~'~'~~ DATE: <br />By <br />DIVISION OF MINERALS AND GEOLOGY: <br />By ` <br />nfe ce O` <br />By <br />Division Director <br />Z -Y-~`~ <br />DATE: -ate `f ~ 2003/ <br />Penalty Adjus4nent Reviewed <br />[Rule 5.04.3(4xc)] <br />CRS 3433-123(8)(c) and (d) <br />ce+vm cisazas~ nn° z°oaa~so naeza ux.eo~ <br />