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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />Apex No. 2 Mine~Permit C-1981-011 <br />Notice of Violation # CV-2001-001 <br />James B. McArdle, Conference Officer <br />The Notice of Violation CV-200]-00] was issued on January 26, 2001 for failure to maintain the Public <br />Record held at the Rou[[ County Court. On March 12, 2001, an Assessment Conference was held at 1313 <br />Sherman Street, Room 215, Denver, Colorado. Mrs. Janet Binns presented testimony regarding the Notice <br />of Violation. Certain records and inspection reports were missing from the public file on February 24, <br />May 10, July 2 and October 19 , 2000 and January 22, 2001. It was noted that the violation noted in <br />January 22, 2001 was corrected immediately and the violation was terntinated on February 27, 2001. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV-2001-001 was: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $0.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Mr. Greg Lewicki provided testimony regarding the acrions of the Company. After hearing this testimony <br />and considering the evidence presented, including the length of time that the Division tried to correct this <br />problem, I have come to the following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I concur that a $250.00 penalty is appropriate for seriousness, the operator was given sufficient time to <br />correct the problems. <br />Fault <br />I concur that the level of fault was that of negligence and that in this instance, $0.00 is appropriate. <br />Number of Days Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur that good faith is not appropriate. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $250.00 <br />Fault $0.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-200]-001 $250.00 <br />