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<br />Fault <br />I concur with the Assessment Officer and believe that a penalty of $500.00 is appropriate for <br />negligence since, especially under bad weather conditions, it is incumbent upon the operator to <br />clearly communicate where limitations of mining are in the field and to remind equipment <br />operators to take special care under adverse conditions. <br />Number of Davs Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I believe that, at this point in time, a good faith effort credit of $500.00 is warranted for three <br />reasons. First, Colowyo self reported this violation. Second, coal extraction was stopped as <br />soon as Colowyo realized that it was being conducted outside of the approved boundaries. <br />Third, TR 53 (addressing the extraction of coal where Colowyo was already permitted to remove <br />topsoil and overburden) was completed in a rapid and diligent fashion. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith -$500.00 <br />Total Penalty for NOV CV-2001-011 = $500.00 <br />