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r <br />Based on the information presented in the conference, it is unclear if Mr. Hendricks was notified <br />of the blocked drainage or not, it appears he wasn't. However, in the conference, Mr. <br />Hendricks did say he was aware of Durango Construction's activities within the coal permit <br />boundary. It is Mr. Hendricks responsibility to ensure compliance with the coal permit and to <br />communicate that to Durango Construction. I conclude Mr. Hendricks was negligent by not <br />motitoring the activities within the cval permit boundary including the construction of the fill <br />to gain easier access to the overburden stockpile. $750.00 is assessed for a high degree of <br />neghgence. <br />Good Faith <br />The culvert was cleared immediately after the NOV was issued to allow drainage through the fill. <br />A field minor revision was also issued which approved temporary use of the fill with the 21 inch <br />culvert. On July 20, the fill was removed. <br />I am proposing a $250.00 reduction for good faith. The operator immediately unblocked the <br />culvert and obtained approval for the use of the structure. To alleviate any potential concerns <br />in the future, the fill was removed. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Good Faith $250.00 <br />Total $1000.00 <br />