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<br /> <br />the disturbance associated with moving the dragline from the Seneca II Mine to the Yoast Mine is <br />a surface coal mining and reclamation operation, as defined by C.R.S. 34-33-103(26). The <br />disturbance adjacent to Routt County Road 27a was conducted by Seneca Coal Company for the <br />sole purpose of moving the dragline from one mine to another. Therefore, I do not concur with <br />the assessment officer's recommendation to vacate NOV C-96-018. <br />Attached, please find a Settlement Agreement for NOV C-96-018. The proposed penalty which <br />was assessed following issuance of this NOV included a component for ofl=site disturbance. The <br />disturbance was within the right-of -way of a county road, and the county has subsequently <br />indicated its satisfaction with the results of that work. Therefore, I am recommending no civil <br />penalty be assessed for seriousness of the violation. In light of the assessment conference <br />discussions regarding fault associated with the NOV, I am also recommending that no civil <br />penalty be assessed for fault. Therefore, the civil penalty assessed for this NOV will be $0.00. <br />If you agree with the penalty, please sign the settlement agreement within ten (10) days as <br />instructed on the form. If you disagree with the settlement agreement, do not sign it. The <br />Division will fix the penalty pursuant to Rule 5.04.3(5) and you may place the fixed penalty <br />amount in escrow and request a Board Hearing. <br />Sincerely, <br />Michael B. L <br />Director <br />Enclosure <br />cc: Susan McCannon <br />Larry Routten <br />Erica Crosby ~ <br />Jim McArdle <br />CERTIFfED MAIL NO. L a~ ~j~I~) (~ ~ <br />RETURN RECEIPT REQUESTED <br />