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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nalural Resources <br />1313 Sherman SL, Room 215 <br />Denver, CO 80203 <br />Phone: 1303) 866-3567 <br />FAx: (303) 832-8106 <br />Cessation Order No. N/A <br />SETTLEMENT AGREEMENT <br />Notice of Violation No. C-93-057 <br />Mine Name: Seneca II Mine Permit No.: C-80-005 <br />Permittee: Peabody Western Company <br />Mailing Address: 1300 South Yale St. <br />Flagstaff, Arizona 86001 <br />Operator <br />(If Other than Permittee): <br />Mailing Address: <br />County: Routt <br />Type of Mine: Surface/Federal <br />OF ~~[~ <br />"~" b <br />Me ~ O <br />~ /e ]6 ~ <br />Roy ROmer <br />Governor <br />he chael B. Long <br />Division Director <br />The Division of Minerals and Geology ("the Division") issued a certain Notice <br />of Proposed Amount of Civil Penalty, and the operator requested a conference <br />thereon, as authorized by C.R.S. 1973, 34-33-123(8). The requested conference <br />having been held as required by law, on June 10, 1993, the Division and the <br />operator hereby agree as follows: <br />The amount of the penalty shall be $500.00; <br />2. The penalty shall be paid to the Division by the operator not later <br />than 30 days from the date hereof; <br />3. Payment of such penalty by the operator shall constitute a waiver <br />of all further rights to review of such penalty or of the violation <br />on which it is based. <br />This agreement shall not be effective unless signed by the operator within ten <br />days after the closing date of such conference, which date is set forth below <br />opposite the signature of the Conference Officer. If not so signed, the <br />Division will fix the penalty at whatever amount it deems appropriate, based <br />upon the factors referred to in C.R.S. 1973, 34-33-123(8>(d). <br />DATE: <br />OPERATOR <br />By <br />DATE : /9~9.' <br />Penalty Adjustment Reviewed <br />[Rule 5.04.3(4)(c)] <br />C.R.S. 34-33-123(8)<c>(d) <br />7789E <br />DIVISION OF MINERALS AND GEOLOGY <br />