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TO OPERATOR: <br />By <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />MINE: Yoast Mine DATE ISSUED: May 27, 2011 <br />PERMIT NO.: C- 1994 -082 TYPE OF MINE: Surface/Federal <br />OPERATOR/PERMITTEE: COUNTY: Routt <br />Seneca Coal Company, LLC <br />ATTENTION: Roy Karo <br />ADDRESS: 27796 Routt County Road 53 P.O. Box 670 <br />Hayden, CO 81639 <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 $750.00. <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 OF RECLAMATION, MINING AND SAFETY <br />Name: Susan L. Burgmaier <br />Title: Environmental Protection Specialist <br />C.R.S. 1973, 34 33 123(8)(d)(fl <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />NOV /CO NO.: CV -2011 -002 <br />Date: g /g /I <br />C -NV -05 <br />