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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 6L, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303)832-8106 <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br /> Bill Owens <br /> Governor <br /> Greg E. Watcher <br /> Executive Director <br />SETTLEMENT AGREEMENT JUSTIFICATION. Michael a. Long <br />Lorencito Coal Company, LLC Division Director <br />Lorencito Mine -Permit Number C-96-084 <br />Notice of Violation # CV-2002-001 <br />Carl B. Mount, Conference Officer <br />The Notice of Violation (NOV), CV-2002-001 was issued on February 13, 2002. The NOV was issued for <br />the following problem: <br />Failure to file complete written reports for 34 blasts conducted after sunset for the dates listed in <br />attachment A (Attachment A listed blasts conducted between October 29, 2001 and January 14, 2002). <br />On April 9, 2002, an Assessment conference was held at 1313 Sherman Street, Room 215, Denver, <br />Colorado, 80203. In attendance, in addition to the Conference Officer, were Mr. Kent Gorham <br />representing the Division of Minerals and Geology (Division) and Mr. Tom Martinez Jr. and Mr. Bruce <br />Addington representing Lorencito Coal Company, LLC (Lorencito). Kent Gorham presented testimony <br />outlining the details of the violation as stated above. Lorencito presented reasons for limiting or eliminating <br />the civil penalty of $2,050 initially assessed for the violation. These reasons pertained to seriousness of <br />the violation, fault and good faith efforts conducted by Lorencito to correct the problem. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV-2002-001 was: <br />History $300.00 <br />^ Seriousness $750.00 <br />Fault $1,000.00 <br />Good Faith 0.00 <br />Total Penalty Proposed $2,050.00 <br />After hearing the testimony and considering the evidence presented, I have come to the following <br />conclusions: <br />Histo <br />A $300.00 penalty is appropriate for history. <br />Seriousness <br />I agree with the Assessment Officer that no evidence of damage was presented. However, potential for <br />damage is high for blasting later than allowed by approved and publicly noticed blast schedule and for <br />failure to complete the required report. I propose no change in the proposed penalty for this aspect of the <br />violation. <br />