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r., <br />if ' , <br />yew" ..,? Q <br />t COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />X8,6 ` 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />NOV/CO NO.: CV-2008-001 <br />MINE: Yoast Mine <br />PERMIT NO.: C-1994-082 <br />OPERATOR/PERMITTEE: <br />Seneca Coal Company <br />ATTENTION: Roy A. Karo <br />ADDRESS: 36600 Routt County Road 27 P.O. Box 670 <br />Hayden, CO 81639 <br />TO OPERATOR: <br />DATE ISSUED: May 2, 2008 <br />TYPE OF MINE: Surface/Federal <br />COUNTY: Routt <br />Please take notice that the Division of Reclamation, Mining and Safety ("the Division") of the Colorado <br />Department of Natural Resources, pursuant to the provisions of C.R.S. 34-33-123, has entered an order <br />fixing the amount of civil penalty against you at $1,500.00. <br />You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. <br />If you wish to contest the amount of penalty or the fact of violation, you must pay the amount of penalty <br />to the Division within 30 days after receipt of this notice and request a public hearing before the Mined <br />Land Reclamation Board. Your request for a public hearing must be in writing and filed with the <br />Division within the above 30-day period. It should briefly set forth the legal and factual basis of your <br />objection to the penalty or the findings of violations. The fact of the violation may not be contested if it <br />has been decided in a review proceeding commenced under 5.03.5(4)(a) or (4)(b). <br />Failure to pay such penalty amount and to request hearing within such period of time will constitute a <br />waiver by you of all further right to contest such penalty or such violation. <br />DIVISION ON, CLAMATION, MINING AND SAFETY <br />By Date: f <br />(Signature) <br />Name: Daniel T. Mathews <br />Title: Environmental Protection Specialist <br />C.R.S. 1973, 34-33-123(8)(d)(f) C-NV-05_C1994082_DTM_07212008113217.doc