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<br />r <br />` II I II II IIII I III I III <br />. 999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1 3I 3 Sherman 51., Rpum ? 15 <br />Dem•er, CO 8UH13 <br />Phnne: (3113) 866-1567 <br />F,~x:~soarB3z-slob Settlement Agreement <br />Notice of Violation #: C-96-015 <br />Permit#: C-94-082 <br />Mine: Yoast Mine <br />Permittee: Seneca Coal Company <br />Address: P.O. Drawer D, Hayden, CO 81639 <br />County: Routt <br />Type of Mine: Surface/Federal. <br />'pF.'pCp~-O , <br />if-'6; <br />RECEIVE ~,.~~~, <br />~B]6 ~. <br />NOV 0 7 199 B ,Y61Pf-- <br />Gurrrnor <br />act B. Long <br />4iviei0n Ol Mifiefd5 fS ue~'~~~yn oirednr <br />NOV 0 ~ DECD <br />The Colorado Division of Minerals and Geology (DMG) issued a Notice of Violation (NOV) <br />on July 19, 1996. The DMG issued a Notice of Proposed Amount of Civil Penalty on Aug. <br />27, 1996 and the operator requested a conference as authorized by C.R.S. 34-33-123(8). <br />The conference was held on Sep[. 30, 1996. As a result of [he conference, the DMG and the <br />operator hereby agree that: <br />1. The amount of the penalty based on [he seriousness of the offense shall <br />be $750.00. <br />a. The operator built a light duty road to an electrical <br />substation without revising its permit. When notified of <br />the violation, a permit revision was submitted and <br />sediment and drainage control measures were <br />implemented. No significant environmental damage <br />resulted from [he operator's actions. Therefore, [he <br />penalty for seriousness shall be reduced from $1000 to <br />.$750 <br />2. The amount of the penalty based on fault shall be $250.00. <br />a. The failure to get a permit revision occurred because on- <br />site officials decided to change the location of the road <br />which was planned by company officials in Flagstaff, <br />Arizona. DMG officials recommended that a civil penalty <br />of $750.00 for negligence be imposed. However, once <br />company officials were notified of the violation, the <br />problem was quickly resolved. The NOV was also <br />terntina[ed prior to the conference. Therefore, a good <br />faith credit shall be given in the amount of $500.00, <br />resulting in a penalty of $250.00. <br />