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.: SETTLE~fEVT .-~GREEVIENT JUSTIF?CATION Carbon Junction Mine~Permit C-1992-080 Notice of Violation # CV-3000-002 James B. McArdle, Conference Officer~lf ~°~~ The Notice of Violation CV-2000-003 was issued on April 7, 3000 for failure to provide a certificate of liability insurance, as required by Rule 2.03.9(1). On May 30, 2000, an Assessment Conference was held at 1313 Sherman Street, Room 814, Denver, Colorado. Mr. Harry Ranney presented testimony regarding the Notice of Violation. Basically, the Division was unable [o locate a current certificate of liability insurance during the third and fourth quarter inspections and was unable to access the records building during the firs[ and second quarter, year 2000 inspections. On Ivtay 9, 2000 the Division received a faxed copy which contained a flaw. The NOV had not been terminated as of the date of the Assessment Conference. The Proposed Civil Penalty by [he Assessment Officer for NOV CV-2000-002 was: History $0.00 Seriousness $1250.00 Fault $750.00 Number of Days Penalty Assessed 1 Good Faith 0 Ms. Sandra Pautsky provided testimony regarding the actions of the Company. After hearing this testimony and considering the evidence presented, including the length of time that the Division tried to correct this problem, I have come to the following conclusions: Histo A $0.00 penalty is appropriate for history. Seriousness I concur that a $1250.00 penalty is appropriate for seriousness. Fault I concur that the level of fault was that of negligence and that $750.00 is appropriate. Number of Davs Penalty Assessed I concur with l day. Good Faith. I concur [hat good faith is not appropriate. Settlement Agreement Penalty History $0.00 Seriousness $1250.00 Fault $750.00 Number of Days Penalty Assessed 1 Good Faith $0.00 Total Penally for NOV CV-2000-002 $2,000.00