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<br /> <br />8E'TTLIEMBNT AGREEMENT JUSTIFICATION <br />NOV C-94-009 <br />Notice of Violwtion C-94-009 Was issued for "Failure to make <br />copios of all Yaoorda available for public inspection - <br />spaoifioally DHC permit was not on file at Garfield County <br />Courtheuss^. 6arbara pavlik issued the violation to NCIG, <br />Firiahoial, InC. for the Coal Ridge No. 1 Hine on May 23, 1994. <br />Ms. PBVlik eXplained that during her complete inspection on flay <br />17, 1994, there was_riot a copy„o! the permit on Tile at the <br />county courthouse. In ttarch, 1994 NCIG had been notified"that-- <br />thoy needed tc havQ the permit in the public file. ]-ccordinq to <br />the DIIG records, q copy o! the permit had been sent to Kr. <br />Ruah~on Hacker in January, 1943 !or hio signature. A signed Dopy <br />o! the permit was nov~r returned to the DHG. <br />Nr. potor 14atthiea, representing NCIG, roqucstod that the NOV be <br />vacated. The permit.was sont to Rueh~'bn 8ackez. fir. Hacker was <br />in the.prooess of moving from 1,oa Ahgelee to 9bn Franoiaoo in <br />January, 1993. tie questiorie4.whether or not ltr. l+ack~r ever <br />received the permit. 1-dditionally, tlr, Matthirs said he it the <br />pYSleitting contact and he never 1Ceeelved, or sbtw, a Dopy O! tho <br />permit. T. copy ahouid have been ;ent to him. Jfr. Metthiea hed n <br />document ho thought was the permit. it was a proposed decision <br />docuument. ,after he woo notified in March, 1994 0! the mieaing <br />permit document, he plaoed a cop o! the decision dooumerit, <br />thinking it was the permit, on file at the oounty oourthouse. <br />,!~ s..h <br />,e.., d <br />8aaod on the information presented in the confcrenoe, T will <br />uphold the Nov. Clearly, there wsa some oonluaion, end a look o! <br />follow-up regarding the January, 1993 permit dooument.. However, <br />during the oonlernriaa it beaama alaar that Kr. Saoker was the <br />oorract persen to send the permit dooument to einoe he was the <br />listed permitting ooritaat.: This her. been revioed and tlr, ----- ---- <br />xatthies is now fisted as the permitting contact on the <br />appiicatioh. The dsaiaion document, mistakenly considered to be <br />the permit by ![r. tlatthies was the permit revision dsaiaion form. <br />The proposed civil penalty wss: <br />History 80.00 <br />8eriouaneaa $350.00 <br />Fault 8760.40 <br />rood it^ith 80.00 <br />Total gsoo.oo <br />