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SETTLEMENT AGREEMENT JUSTIFICATION <br />Twentymile Coal Company <br />Foidel Creek Mine -Permit Number C-1982-056 <br />Notice of Violation # GV-2005-005 <br />Carl B. Mount, Conference Officer <br />The Notice of Violation (NOV), CV-2005-005 was issued on May 13, 2005. The NOV was issued for the <br />following problems: <br />• Failure to completely remove topsoil. <br />• Failure to properly protect stockpiled topsoil. <br />On July 20, 2005, an Assessment wnference was held at 1313 Sherman Street, Room 215, Denver, <br />Colorado, 80203. In attendance, in addition to the Conference Officer, were Mr. Byron Walker and Mr. <br />Dan Hernandez representing the Division of Minerals and Geology (Division) and Mr. Jerry M. Nettleton <br />representing Twentymile Coal Company (TCC). Byron Walker and Dan Hernandez presented testimony <br />outlining the details of the violation as stated above. TCC presented reasons for limiting or eliminating the <br />civil penalty of $750.00 initially assessed for the violation. These reasons pertained to seriousness of the <br />violation, fault and good faith efforts conducted by TCC to correct the problem. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV-2005-005 was: <br />• History $ 0.00 <br />• Seriousness $250.00 <br />• Fault $500.00 <br />• Good Faith 0.00 <br />Total Penalty Proposed $750.00 <br />After hearing the testimony and considering the evidence presented, I have come to the following <br />conclusions: <br />Histo <br />A $ 0.00 penalty is appropriate for history. <br />Seriousness <br />1 agree with the Assessment Officer that only a small amount of topsoil was lost as a result of run out from <br />a windrow and raveling into a ditch. However, potential for damage to the soil resource is moderate given <br />that the roadbase material was not sampled prior to the incident and could have had deleterious materials <br />contained in it. I propose no change in the proposed penalty for this aspect of the violation, <br />