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<br />Mr ` CO <br />n <br />l~ <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />SETTLEMENT AGREEMENT <br />NOV NO.: CV-2004-002 <br />MINE: Yoast Mine <br />PERMITNO.: C-1994-082 <br />OPERATOR/PERMITTEE: <br />DATE ISSUED: June 30, 2004 <br />TYPE OF MINE: Surface/Federal <br />COUNTY: Routt <br />Seneca Coal Company <br />ATTENTION: Roy A. Karo <br />ADDRESS: 36600 Routt County Road 27 P.O. Box 670 <br />Hayden, CO 81639 <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.RS. 1973 34-33-123(8). The <br />requested conference having been held as required by law, on August 24, 2004, the Division and the operator <br />hereby agree as follows: <br />OPERATOR: <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 referred to in C.RS. 1973, <br />34-33-123(8)(a). <br />By <br />1. The amount of the penalty shall be $2,650.00; <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 />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 />DIVISION O MINERALS AND GEOLOGY: <br />~• ~ <br />By <br />onference fficer <br />By <br />Division Director <br />DATE: <br />DATE i~ ~o Y <br />Penalty Adjustmrnt Reviewed <br />[Rule 5.04.3(4)(c)1 <br />CRS 34-33-123(8)(c) and (d) <br />C.WM C199W~ InPa 20MOB15_I036E0 AM.doc <br />