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ASSESSMENT CONFERENCE REPORT <br />(Continued) <br />Permittee: Kerr Coal Company <br />Permit: Marr Mine - C-80-006 <br />Citation: N94-020-352-3 <br />Violation: 1 of 1 <br />3. Narrative: <br />HISTORY (0 points) <br />Affirmed. <br />PROBABILITY OF OCCURRENCE (1~ points) <br />Affirmed. <br />ESTENT OF ACTUAL OR POTENTIAL DAMAGE (8 points) <br />Affirmed. <br />NEGLIGENCE (22 points) <br />The NOPA had indicated that 22 points would be assigned but <br />the State of Colorado shared in this negligence. It is the <br />permittee's responsibility to know SMCRA and its <br />implementing regulations and to operate according to these <br />provisions. Thus the State does not share in this <br />negligence since they are not the permittee. The permittee <br />is responsible to reclaim the disturbed area to it's <br />approximate original contour. Therefore, the 11 points <br />assessed are raised to 22 points as originally considered in <br />the NOPA. <br />GOOD FAITH (0 points) <br />Not applicable, FTACO issued on August 24, 1994. <br />Page 3 of 3 <br />