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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV CAS-008 <br />Notice of Violation C-95-008 was issued for "Failure to insure that perimeter markers are in <br />place to clearly mark the permit boundary as requved by 4.023, and failure to insure that stream <br />buffer zone markers are in place pursuant to 4.02.5 and 4.05.18". Wally Erickson issued the <br />NOV to Seneca Coal Company on March 31, 1995 at the Seneca II-W Mine. During his <br />complete inspection March 27-31, he observed that no markers were visible along the north side <br />of the tie across haul mad (TAHR) at the 7'AHR7 ditch drain. Stream buffer zone markers were <br />not in place along Dry Creek where it is adjacent to Haul Road G and topsoil pile RR. <br />Michael Altavilla and Chuck McCulloh, representing Seneca Coal Company, did not contest the <br />fact of the violation. However, they explained that a portion of the permit boundary along the <br />tie across haul road is located in a cultivated field. Many markers have continually been <br />removed by the rancher. Seneca Coal Company will place markers at the perimeter of the field <br />from now on. They were installed on Monday, April 3. Stream buffer zone signs were installed <br />immediately on Friday, March 31, 1995. <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $500.00 <br />Seriousness <br />I agree with the proposed penalty. <br />Fault <br />I agree with the proposed penalty. <br />Good Faith <br />The missing stream huffer zone markers were instatled immediately after the NOV was issued. <br />The perimeter markers were installed the next working day. I believe this represents an <br />extraordinary effort and rapid compliance. [ am recommending a $250.00 reduction for good <br />faith. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $250.00 <br />'t'otal 250. <br />