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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmenl of Natural Resources 1313 Sherman 51., Room 215 Denver, Colorado 80703 Phone: 13071 866-3567 FAX: 13031 83 2-81 06 SETTLEMENT AGRSEblSNT JT75TIFICATION NOV C-96-021 II~~~ DEPARTMEN'T' OF NATURAL RESOURCES Roy Romer Governor lames 5. Lochhead EzeCUlrve Direr:IOr Michael B. Long Division Director Notice of Violation (NOV) C-96-021 was issued for failure to provide access to current mine records in accordance with Regulation 5.02.4(1) and the Colorado Surface Coal Mining Reclamation Act 34-33-122(4)(a) and 34-33-122(8). Mrs. Janet H. Binns issued the NOV to Kerr Coal Company on December 17, 1996. During a December 12, 1996 inspection of .the Marr Mine Site, Mrs. Binns was unable to gain access to updated mine records which were being stored in a locked warehouse on the mine site. Another set of records are kept at the Jackson County Courthouse, however, this set is not complete or updated. The proposed civil penalty for NOV C-96-021 was: History $ 0.00 Seriousness (Administrative) $ 250.00 Fault (Negligence) $ 500.00 Good Faith $ 0.00 Number of Days Penalty Assessed 1 During the October inspection, Mr. James Mossman of Kerr Coal Company and Mrs. Binns discussed the storage of mine records, however, the issue was not resolved as to the final storage location and public access to the records. At this Assessment Conference, Mr. George Patterson requested that the violation be vacated because of the following reasons; The mine site is very remote from the nearest urban area. The inspector did not call prior to visiting the site which would have allowed the operator to make the records available. *The site is in reclamation mode with no current activity due to winter weather. After considering testimony from the Division and the Operator, I have come to the following conclusions;