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<br />JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />CO C-86-046 <br />CO C-86-046 was written for "mining without a permit" Mr. Squire described and <br />showed slides of the area where mining had occurred. The area covered <br />approximately 4.5 acres including the pit, coal yard and road. All areas had <br />been previously disturbed by a former pre-law operator. The land is owned by <br />Mr. Bud Healey. <br />The discussion with the operator's representatives were directed at defining <br />what constitutes a surface coal mining operation and why the two-acre <br />exemption rule is not applicable in this case. They did not contest the fact <br />of the Cessation Order. <br />The proposed civil penalty was: <br />Mandatory Penalty (5.04.5(2)) E1,750.00 <br />History 0.00 <br />Seriousness 0.00 <br />Fault 1,500.00 <br />Good Faith 0.00 <br />TOTAL $3~f5~b1f <br />History <br />Does not apply in this situation. <br />Seriousness <br />No penalty was proposed for seriousness. I agree with this because the entire <br />area is an abandoned surface mine and has been disturbed for several years. <br />Mr. Healey did not enlarge the area. <br />Fault <br />The proposed penalty was $1,500.00, the maximum for reckless/intentional <br />conduct. Mr. Azar strongly disagreed stating that Bud Healey did not <br />intentionally disobey the law. He was negligent by not ascertaining the area <br />of disturbance. Mr. Jim Healey further stated that his brother did not <br />realize roads were included in the 2 acre area. This was also expressed to <br />representatives of the Division. Based on the information presented I propose <br />to reduce the fault factor to E750.00, the maximum amount for negligence. <br />Good Faith <br />The Cessation Order has not been abated yet. <br />Final Civil Penalty <br />Mandatory Penalty 51,750.00 <br />History 0.00 <br />Seriousness 0.00 <br />Fault 750.00 <br />Good Faith 0.00 <br />TOTAL~~ .0~ <br />/vj r <br />~na~r- <br />