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STATE OF COLORADO <br />DIVISION OF RKLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Colorado 80203 <br />Denver C O L O R A D O <br />, DIVISION OF <br />Phone: (303) 8663567 RECLAMATION <br />FAx: (303) e3z-st oe MINING <br /> - &- <br /> SAFETY <br />SETTLEMENT AGREEMENT JUSITIFICATION Bill Ritter, )r. <br />Seneca Coal Company Governor <br />Seneca II-W Mine\C-1982-057 Hartis D. Sherman <br /> <br />Notice of Violation No. CV-2007-002 Executive DireROr <br />Anthon <br />Waldron Conference Officer Ronald W. Cattany <br />y <br />, Division Director <br /> Natural Resource Trustee <br />Notice of Violation Number CV-2007-002 was issued on May 5, 2007 and resulted from <br />failure to design, construct, and/or maintain permanent reclamation slopes and features <br />including segments of a post-mine drainage channel and segments of a light use and <br />associated ditching as necessary to minimize erosion to protect topsoil and vegetation, <br />prevent slippage and prevent damage to public or private property. There were three <br />abatement steps to be completed by May 25`h, June ls` and August 2"d, 2007. The June 15` <br />abatement deadline was extended until July 1, 2007. Steps 1 and 2 have been abated. <br />Step 3 is dependent upon final review and approval of step 2 which was to submit a <br />complete technical or minor revision addressing appropriate plans for repair of the slopes <br />and associated features. <br />On July 16, 2007, an Assessment Conference was held at the Division of Reclamation, <br />Mining and Safety's Grand Junction Field Office located at 101 South 3`~, Suite 301 in <br />Grand Junction, Colorado. In attendance were, in addition to the Conference Officer, Mr. <br />Dan Mathews representing the Division and Mr. Roy Kazo and Mr. Jay James <br />representing Seneca Coal Company. <br />Dan Mathews provided background and detailed the nature of the violation including <br />follow up measures that have been implemented in response to the slide. <br />Roy Karo and Jay James discussed the events that led to the slope failure and provided <br />additional information including maps showing areas where the slide occurred being <br />delineated as "minimally disturbed azeas" as approved in permit revision # 5. <br />The proposed civil penalty originally determined by the Assessment Officer for CV- <br />2007-002 was: <br />History $0.00 <br />Seriousness $750.00 <br />Fault $250.00 <br />Number of Days of Penalty Assessed 1 <br />Good Faith $0.00 <br />Total proposed penalty $1,000.00 <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango ARive and Inactive Mines <br />