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OF C~ <br />e " ~$ <br />~ /8lb ~ <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Sheet, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV-2005-003 <br />MINE: Seneca II-W Mine <br />PERMITNO.: C-1982-057 <br />OPERATOR/PERMIT'I'EE: <br />Seneca Coal Company <br />ATTENTION: Roy Karo <br />ADDRESS: P.O. Box 670 <br />Hayden, CO 81639 <br />JUN p 6 2c~- <br />Division of Minerals & c <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 />1. 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 ageement 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 referred to in C.R.S. 1973, <br />34-33-123(8)(a). <br />OPERATOR: SEN~g-~'D~ ~O <br />By ~- <br />DATE ISSUED; March 9, 2005 <br />TYPE OF MINE: Surface/Federal <br />COUNTY: Routt <br />RECEIVC <br />DATE: ~ v7.~ ps"~ <br />DIVISION OF MINERAL~S/AND/fGEOLO~GY: <br />By _J ^U/ /i DATE: ~~ /7 Z>~~S <br />C erence Officer / ~ <br />By <br />Division Director <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />CRS 3433-123(8)(c) and (d) <br />C-NV-0J CI982051 DTM 20050316 IJSJO PM <br />