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t pF p0~* ' ~ COLORADO DIVISION OF MINERALS AND GEOLOGY • "• 1313 Sherman Street. Room 215, Denver, Colorado 80203, (303) 866-3567 ~e rb' SETTLEMENT AGREEMENT NOV/CO NO.: CV-97-017 MINE: Yoast Mine PERMIT NO.: C-94-082 DATE ISSUED: October 7, 1997 TYPE OF MINE: surface/Federal OPERATOR/PERMITTEE: Seneca Coal Company ATTENTION: Michael G. Altavilla ADDRESS: 36600 Routt County Road 27 Drawer D Hayden, CO 81639 COUNTY: Routt The Division of Minerals and Geology ("the Division")-issued a certain Notice of Proposed Amount of Civil Penalty, and the operator requested a conference thereon, as authorized by C.R.S. 1973 34-33-123(8). The requested conference having been held as required by law, on December 1, 1997, the Division and the operator hereby agree as follows: 1. The amount of the penalty shall be $650.00; 2. The penalty shall be paid to the Division by the operator not later than 30 days from the date this Agreement is signed by all parties; 3. Payment of such penalty by the operator shall constitute a waiver of all further tights to review of such penalty or of the violation on which it is based. This agreement shall not be effective unless signed by the operator within ten days after the closing date of such conference, which date is set forth below opposite the signature of the Conference Officer. If not signed within ten days, the Division will fix the penalty at whatever amount it deems appropriate. The fixed penalty amount will -ikely be the original penalty assessment, based on the factors referred to in C.R.S. 1973, 34-33-123(8)(a). OPERATOR: DATE: By DIVISION OF MINERALS AND GEOLOGY BY ~f~~~l,~ ~~~~.~I~ DATE: ~u,_~~~ /9s~ ` o^ference Officer By Penalty Adjustmem Reviewed Division Di ector [Rule 5.04.3(4)(c)l CRS 34-33-123(Sxc) and (d) N'~OSNRC~iENPCNVObI lib