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<br /> <br />/~OF ; <br />;:':,H.,B COLORADO DIVISION OF MINERALS AND GEOLOGY <br />'~'~• 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />~e,c' <br />SETTLEMENT AGREEMENT <br />NOV/CO NO.: CV=97-023 <br />MINE: Seneca 11-W <br />PERMIT NO.: C-82-057 <br />OPERATOR/PERMITTEE: <br />Seneca Coal Company <br />ATTENTION: Michael G. Altavilla <br />ADDRESS: P.O. Drawer D <br />Hayden, CO 81639 <br />DATE ISSUED: December 1, 1997 <br />TYPE OF MINE: surfacelFederal <br />COUNTY: Routt <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.R.S. 1973 34-33-123(8). The <br />requested conference having been held as required by law, on February 9, 1998, the Division and the operator <br />hereby agree as follows: <br />1. The amount of the penalty shall be $2,250.00; <br />2. The penalty shall be paid to the Division by the operator not later than 30 days from the date <br />this Agreement is signed by all parties; <br />3. Payment of such penalty by the operator shall constitute a waiver of all further rights to review <br />of such penalty or of the violation on which it is based. <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.R.S. 1973, <br />34-33-123(8)(a). <br />OPERATOR: <br />By <br />DATE: <br />DIVISION OF MINERALS AND GEOLOGY: <br />~ ~ <br />By DATE: iL / 8 <br />onference Officer <br />By <br />Division Director <br />Penalty Adjustmem Reviewed <br />[Rule 5.04.3(4)(c)1 <br />CRS 34-33-123(S)(c) and (d) <br />M:~OSS11RL1rEMPCW6Wl ESC <br />