Laserfiche WebLink
<br />in the October inspection report. He fazed a contractor's invoice which included work they <br />had done on the two benches. The date on the invoice was November 30, 1994. If the work <br />had not been done, Mr. Reschke stated the potential for damage would have been greater. <br />Powderhorn Coal Company was attempting to correct the problems. <br />There is a lack of diligence by not ensuring positive drainage when the ditches were <br />constructed. The operator had addressed the issue, although it was not corrected. Without <br />creating a bigger problem, given the adverse conditions, Powderhorn Coal Company did <br />makc an effort to correct the drainage problem. Their efforts most likely reduced the degree <br />of damage that could have otherwise occurred. No evidence was presented supporting a high <br />level of fault. I propose $500.00 which represents a moderate level of fault. <br />Good Faith <br />A good faith reduction is not recommended. <br />Settlement Agreement Penalty <br />History $100.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Total $1100.00 <br />