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<br />Justification for Proposed Settlement Agreement for NOV CV-84-081, Colorado <br />Yampa Coal Company, Energy No. 3 Mine <br />The fact of the violation was not contested by CYCC. The coal staff proposed <br />a civil penalty as follows: <br />History $ -0- <br />Seriousness $ 500.00 <br />Fault $ 750.00 <br />Total 1,250.00 <br />During the assessment conference there was considerable discussion regarding <br />the seriousness and fault components of the proposed civil penalty. Several <br />facts became apparent which differ slightly from the rationale used in the <br />proposed civil penalty. It is apparent that the breach in Ditch H-3 and other <br />problems, except for the problem at the tipple, occurred within a very short <br />time prior to the inspection and were primarily the result of extremely heavy <br />runoff which may have exceeded design criteria. It is also apparent now that <br />the stream channel below the problem at Ditch H-3 can be reconstructed and <br />will be done so by the company. In general, the seriousness and fault are <br />somewhat less than originally proposed given all of the information currently <br />available. I am proposing the following civil penalty. <br />History $ -0- <br />Seriousness $ 250.00 <br />Fault $ 500.00 <br />Total 750.00 <br />Doc. No. 3360 <br />