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<br />JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />Cessation Order C-90-005 <br />Cessation Order C-90-005 was written for "mining without a permit", <br />Mr. Savage explained that he and two other inspectors were conducting an <br />inspection of the Trinidad Basin Mine on January 10, 1990. They observed a <br />small pit, adjacent to the Trinidad Basin Mine, on the Wiggins Property where <br />a backhoe was loading coal into a dump truck, The backhoe operator did not <br />know whether or not the site was permitted. He identified the operator as <br />John Wiggins. Further investigation by the Division indicated that there was <br />no permit; thus Cessation Order C-90-005 was issued later that day, The <br />backhoe operator stopped mining and left the site. <br />Mr. Savage estimated the area of disturbance to be about three to four acres. <br />No topsoil had been salvaged, one ephemeral drainage was blocked and there was <br />no sediment control, although the area was contained, <br />Mr. Wiggins did not argue with the fact that coal was being mined. He did <br />contesi the Cessaiion Order however based on a letter received from Robert <br />Liddle of the Division dated December 24, 1987. This letter was based on <br />conversations they had had regarding whether or not this area had to be <br />permitted. The pertinent sentence of the letter said "At this point you need <br />to apply for a permit unless the extraction is less than 250 tons or for <br />nonprofit use" (emphasi's mooed), Mr. Wiggins believed that as long as he <br />removed less than a total of 250 tons of coal, he did not need a permit. As <br />of January 10, 1990 he estimated 150 tons of coal had been mined. Since he <br />received the Cessation Order he has started reclaiming. <br />There is no question that Mr. Wiggins was mining without a permit. However, <br />the letter from Mr. Robert Liddle is very misleading and indicates he can mine <br />without a permit. There are no permit exemptions for mining less than 250 <br />tons, unless the extraction is incidental to a government financed highway or <br />other construction project. Coal exoloration also has a 250 ton linri t, but a <br />Notice of Intent must be submitted and commercial sales are prohibited, Not <br />knowing the context of the phone conversation between Mr. Wiggins ana Mr. <br />Liddle I do not know what 250 ton limit Mr. Liddle was referring to. Since <br />Mr. Liddle is no longer with the Division, I did not confirm or deny meaning <br />of nis letter, I can understand why Mr. Wiggins thought he was legitmately <br />mining coal. However, I do not have the authority to vacate the Cessation <br />Order because Mr. Wiggins was mining with a permit. The 25D ton limit <br />referenced in Mr, Liddle's letter is not a legal exemption. <br />Because I cannot vacate the Cessation Order, "the proposed civil penalty was <br />-discussed. First, however I carefully explained Mr. Wiggin's appeal rights to <br />h i m. <br />The proposed civil penalty was; <br />Mandatory Penalty (5.04.5(2)) $1750.00 <br />History 0.00 <br />Seriousness 750.00 <br />Fault 0.00 <br />Good Faith 0.00 <br />70TAL <br />