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-: _ . iii iiiiiuiii <br />STATE OF COLORADO <br />DIVISION Or MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CC) 80203 <br />Phone: (303) 866 3567 <br />FAX: (3031832-8106 <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 1/C-94-082, <br />NOV JiC-96-015 <br />Dear Mr. Altavilla: <br />of cow <br />ti~ a <br />~~.:b <br />a~~ o <br />. `~re~ <br />Roy Romer <br />e~~ern„r <br />michael B. Long <br />Division Dneaor <br />Attached is a proposed Settlement Agreement for Notice of Violation C-96-015. On July 19, <br />1996 the Colorado Division of Minerals and Geology (DMG) issued a Notice of Violation <br />(NOV). On Aug. 27, 1996 the DMG issued a notice that it proposed to assess a civil penalty <br />of $1,750.00. In response to these notices, you requested a conference as authorized by <br />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 McAuliff+e <br />Conference Officer <br />cc: Susan McCannon <br />DMG Coal Program Director <br />