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SETTLEMENT AGREEMENT JUSTIFICATION <br />Kaiser Ventures, Inc. <br />Chimney Rock Mine-Permit Number C-1981-023 <br />Notice of Violation No: CV-2002-012 <br />James B. McArdle, Conference Officer ~p'~ <br />The Notice of Violation CV-2002-012 was issued on July 5, 2002 for failure to maintain <br />structures and drainage systems to control erosion. <br />On September 24, 2002, an Assessment Conference was held at 1313 Sherman Street, Room <br />215, Denver, Colorado. In attendance, in addition to the Conference Officer, was Mr. Harry <br />Ranney representing the Division and Mr. Jerry Koblitr representing the operator. Harry <br />presented testimony outlining the details of the violation. A blocked culvert was noted in the <br />March, 2002 inspection report. The June 24, 2002 inspection determined that the culvert pipes <br />still had not been cleared of debris therefore NOV-CV-2002-012 was issued. The culvert pipes <br />were found to be clear of debris during the August inspection, therefore, the violation was <br />terminated. <br />Mr. Jerry Koblitr discussed the permit and the conditions on site. Jerry stated that the caretaker <br />found that the only blockage was basically weeds, which had piled at this location during <br />previous windy conditions. He felt that the weeds would not have interfered wifh the function of <br />the pipe. <br />The Proposed Civil Penalty originally determined by the Assessment Officer for NOV CV-2002- <br />012was: <br />History $0.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Total proposed penalty $1000.00 <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />