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<br /> <br />NOV s <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />I J13 Sherman St.. Room 215 <br />Denver, CO 80203 <br />Phone (307)866-J 567 <br />FAX. (3031 872-8106 <br />Michael G. Altavilla <br />P.O. Drawer D <br />Hayden, Colorado 81639 <br />October 30, 1996 <br />RE: Yoast Mine, Seneca Coal Company, Permit JfC-94-082, <br />NOV 11C-96-017 <br />Dear Mr. Altavilla: <br />OF ~~[O <br />'`~-: b <br />Ne i <br />~ O <br />~. <br />~ r8i6 ~ <br />Roy Roma <br />Governor <br />.V i~haolfl Long <br />Divi,ion Dira br <br />Attached is a proposed Settlement Agreement for Notice of Violation C-96-017. On Aug. <br />30, 1996 the Colorado Division of Minerals and Geology (DMG) issued a Notice of <br />Violation (NOV). On Sept. 19, 1996 the DMG issued a notice that it proposed to assess a <br />civil penalty of $1,750.00. In response to these notices, you requested a conference as <br />authorized by C.R.S. 34-33-123(8). The conference was held on Sept. 30, 1996. <br />As a result of the conference, I am proposing that you and the DMG resolve the NOV by <br />entering into the attached Settlement Agreement. <br />If you agree with my recommendations please sign the attached Settlement Agreement within <br />ten days. <br />If you do not agree with the terms of the Settlement of Agreement, do not sign it. As result, <br />the DMG will fix the penalty, contained in the civil penalty notice pursuant to Rule 5.04.3(5) <br />and you may request a Mined land Reclamation Board hearing to dispute the NOV and the <br />civil penalty. <br />Sincerely, <br />Dan McAuliffe) <br />Conference Officer <br />cc: Susan McCannon <br />DMG Coal Program Director <br />