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<br /> <br />82-49 -Justification for Proposed Settlement Agreement <br />The Division proposed no civil penalty for this violation. During the <br />assessment conference it became clear that there was considerable mis- <br />communication and misinformation related to this violation. Dorchester <br />employees at the mine did not know the facts and thus, confused the Division <br />personnel during the inspection. There is also confusion between the <br />mining activity verses exploration and geotechnical investigation activities. <br />Due to these factors, I believe it is appropriate to vacate this violation. <br />I believe as a result of the discussion during the conference that communication <br />between Dorchester and the staff will improve thus reducing the potential <br />for similar problems to arise in the future. <br />/mab <br />