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- <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />Carbon Junction Mine~Permit C-1992-030 <br />Notice of Violation # CV-2000-004 <br />James B. McArdle, Conference Officer ~/~~ <br />The Notice of Violation CV-2000-004 was issued on April 7, 2000 for failure to provide a name and <br />contact information for a resident agent, as required by Rule 2.03.4(2)(b). On play 30, 2000, an <br />Assessment Conference was held a[ 1313 Sherman Street, Room 314, Denver, Colorado. Mr. Harry <br />Ranney presented testimony regarding the Notice of Violation. Basically, a resident agent was not <br />available for the year 2000 firs[ and second quarter inspections. An agent was appointed on May I I, 2000. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV -2000-004 was: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Ms. Sandra Pautsky provided testimony regarding the actions of the Company. After hearing this <br />testimony and considering the evidence presented, including the length of time that the Division tried to <br />correct this problem, I have come to the following conclusions: <br />HIStOCV <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I concur that a $250.00 penalty is appropriate for seriousness. <br />Fault <br />I concur that the level of fault was that of negligence and that $250.00 is appropriate. <br />Number of Davs Penalty Assessed <br />I concur with ]day. <br />Good Faith. <br />I concur that good faith is not appropriate. <br />Settlement A¢reement Penal <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty For NOV CV-2000-004 $500.00 <br />