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<br /> <br /> <br />Rationale for Settlement Agreement <br />NOV C-90-032 <br />New Castle Energy Corporation <br />Coal Ridge #1 Mine <br />NOV C-50-032 was written for "Failure to clearly mark the perimeter of all <br />areas affected by surface operations or facilities." Mr. E. Peter Matthies, <br />representing New Castle Energy Corporation did not contest the facts of the <br />violation. Rather his attention was focused on the proposed civil penalty. <br />During our ensuing discussion it was noted that the History component had been <br />incorrectly assessed. Three NOV's have been issued within the past twelve <br />months. Therefore the assessment for History should be b150.00. The <br />seriousness of this violation appears to be insignificant. The disturbed area <br />was marked on two sides and at all public access points. One side which was <br />not marked was the hogback which is extremely inaccessible, indeed a natural <br />barrier. The other side which was not marked was relatively small. Although <br />the requirement for perimeter markers is an important one, no evidence of any <br />harm or obstruction was found. <br />New Castle Energy Corporation representatives took extraordinary measures to <br />install the steel posts and signs under extremely adverse conditions. These <br />activities were conducted within the prescribed abatement time frames, which I <br />noted were fairly short. Therefore I recommend a good faith reduction of <br />5100.00. <br />In summary I deem that the civil penalty for NOV C-90-032 be set as follows: <br />History 150 <br />Seriousness 0 <br />Fault 250 <br />Good Faith - 100 <br />Total $366 <br />SJM/yjb <br />0276E <br />