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.. ,- STATE OF COLORP~DO DIVISION OF MINERALS AND GEOLOGY Deparlmem u( Natural Resources I31 7 Sherman 51„ Room 215 Denver, Colorado 8020} Phunr: ISD}l H86-15h7 FAX' 1 4b f1 8 {:-8106 SETTLEMENT AGREEMENT JUSTIFICATION Bowie Resources, Ltd., Bowie Number 2 Mine, C-96-083\CV-97-014 James B. Mc Ardle, Conference Officer ~'~ The Notice of Violation CV-97-014 was issued for failure to obtain regulatory approval prior to implementing significant changes to the mining plan and for failure to follow the approved mine plan. ~~~~~ DEPARTMENT OF NATURAL RESOURCES Ruy Romer Guvernw lames 5. Lnchhearl Execmive DireUnr michael 8. Long Drvnron Direzlur Mr. Joseph Dudash, of the Division of Minerals and Geology, presented testimony and documentation that the mine bench was not built according to the approved plan which provided for two mine benches. A single mine bench was constructed without obtaining prior approval from the Division. Mr. James Pendleton, of the Division, reviewed the single bench for stability and did not have a problem with the as built design. The Proposed civil penalty for NOV CV-97-014 was: History $0.00 Seriousness $1,500.00 Fault $1,250.00 Number of Days Penalty Assessed 1 Good Faith $0.00 Total Civil Penalty Proposed by the Assessment Officer was $2,750.00 Mr. Jim Stover, PE, representing Bowie Resources, Ltd., discussed the reason a single mine bench was constructed rather than the two mine benches as described in the permit. The operator was aware that the work commenced had not been approved by the Division, but felt that the change in the bench design was not significant. After hearing this testimony and considering the evidence presented, I have come to the following conclusions: H15[OCV No penalty is appropriate for history.