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• • rlll IIIIIIIIIIIIIIII <br />999 <br />October 26, 1992 <br />Mike- <br />I have reviewed the Western Fuels request for vacation of <br />NOV C-92-024 issued at the New Horizon Mine near Nucla. The <br />record indicates that a violation of the regulations has <br />occurred and still exists at the site. western Fuels <br />inherited a pre-existing violation when they succeeded to <br />the mine. It appears to me that all parties involved, <br />Western Fuels, Peabody and the Division, have subsequently <br />dragged their feet in resolving this issue. This has, to <br />some extent, resulted in the issuance of the violation. <br />However, it does not mitigate the fact that the violation <br />existed at the time of permit transfer and that Western <br />Fuels could have implemented remedial action prior to <br />issuance of the NOV. Therefore, I do not think that this <br />violation should be vacated. However, I would recommend <br />that the civil penalty be reduced by $250 to $250. I think <br />that the seriousness component was assessed at an elevated <br />level, given the on-site conditions. The his ry component <br />of $250 would remain unchanged. -~iL~,~ <br />Steve ~ r9r ~ <br />G <br />0 ~ ~ S <br />CC: Dan Hernandez N <br />s~" ~_~ ~v ~~~~ ~ w <br />C d r C nt w`7^ G p G~ / <br />~VV 1 ~F C~~'~ t O <br />~e5 ~ ~ <br />~ ~'~" ~ R n V 'F ~ v <br />n <br />~~~~n ~eS ~~~ <br />c ~05~ <br />(i"'" <br />ti <br />~~ <br />/~ ~ <br />v~~ <br />