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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Drparlmenl UI Natural Resources I.11 S Sherman A ,Room 21 5 Denver, Colurndo h0'_Ol Phone. 1 40;1 ri66-35G: FAX'. ;141;1 lil_'-K 1116 SETTLEMENT AGREEMENT JUSTIFICATION Landmazk Reclamation, Inc.\ Rimrock Strip Mine-C-89-074 Notice of Violation # CV-98-008 James B. McArdle, Conference Officer ~I~ DEPART MF.NT Of NATURAL RESOURCE Roy Rnmcr Gwerno. lames 5 Lochhead Ezecmive U~reaor M¢hael B Long Division Director Mr. Kent Gorham of the Divison of Minerals and Geology did a complete mine inspection on September 25, 1998. A copy of the mine records was not available for public review at the county planner's office, nor had the records been updated since February of 1998. The liability insurance certificate was expired, pond inspection reports and DMG inspection reports were missing. There was no evidence of a 1997 Annual Report. The need to maintain public records had been brought to the attention of the company during the June 19, 1998 inspection. Mr. Steve Hancock and Mr. Jeff Croll of Landmark Reclamation addressed the public record issue and indicated that the problem was a result of an oversight due to personnel change at Landmark. The problem has been corrected. The Proposed civil penalty for CV-98-007 was: History $0.00 Seriousness $250.00 Fault $250.00 Number of Days Penalty Assessed 1 Good Faith $0.00 Total Civil Penalty Proposed by the Assessment Officer was $500.00 After hearing testimony from al] parties and considering the evidence presented, I have come to the conclusion that Landmazk Reclamation had adequate time and notice to maintain the public copies: HEStorv I concur with the penalty. Serio~ne~c I concur that the violation was insignificant and that $250.00 is appropriate.