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SETTLEMENT AGREEMENT JUSTIFICATIOTf <br />NOV C-94-003 <br />Notice of Violation C-94-003 was issued for "Failure to collect <br />subsidence survey data for fourth quarter 1993". Janet Binns, <br />representing the Division of Minerals and Geology, explained that <br />the NOV was issued to Cyprus Empire Corporation on March 22, 1994 <br />after a review of their semi-annual subsidence monitoring report. <br />Empire had failed to collect monitoring data abovfa the E-seam <br />during the fourth quarter of 1993 although the third quarter was <br />submitted. Empire did not contact the Division regarding any <br />difficulties collecting data. In the report they claimed adverse <br />weather conditions prevented them from obtaining t:he data. Ms. <br />Binns assumed this meant snowcover. She said there was no snow <br />during the October ground inspection or November aerial <br />inspection. There was a thin snow cover during tkie December <br />aerial inspection. Ms. Binns presented the monitoring <br />requirements from the permit. There is no monitoring exemption <br />for snow cover or other adverse conditions. <br />Marcus Middleton and Joe Shoemaker, representing Empire, provided <br />additional information regarding the lack of monitoring. Mr. <br />Middleton said he transferred to Empire in mid-January, 1994. He <br />presented a letter from Terrell Johnson to Tony Waldron, dated <br />April 20, 1990, regarding the monitoring plan for the E-seam. <br />The letter was sent in response to a meeting between the Division <br />and Empire regarding mining in the No. 6 Mine (E-seam). The <br />monitoring schedule says that monitoring would be done quarterly <br />but this "schedule will be modified as necessary to accommodate <br />weather conditions". Mr. Shoemaker explained that snow cover is <br />not necessarily a limiting condition. Fog, wind and heat waves <br />present the biggest obstacles in obtaining the data. The survey <br />instruments are very sensitive and clear readings cannot be <br />obtained under these conditions. Heat reflecting off the snow <br />creates adverse weather conditions that prevent accurate <br />measurements. Empire had made several unsuccessful attempts to <br />obtain the data, during November and December. They agreed that <br />Empire was remiss in not contacting the Division and that the <br />adverse weather conditions should be reported more accurately in <br />the reports. <br />Empire requested a reduction in the civil penalty. The proposed <br />civil penalty was: <br />History $0.00 <br />Seriousness $750.00 <br />Fault $1000.00 <br />Good Faith $0.00 <br />Total $1750.00 <br />