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<br />are not always in the position to make a life of mine policy <br />decision while conducting their inspections. Inspection <br />documents should be utilized to document site conditions and <br />permit compliance. They cannot. however, be construed to be <br />binding permitting documents. <br />A complicating factor here is that the Assessment Officer must <br />evaluate every situation based upon the merits of each individual <br />case and the evidence presented at the hearing. The Assessment <br />Officer must be objective and make his determinations and <br />recommendations independently of other Division functions, yet in <br />conformance with the Regulations. Based upon the written summary <br />of the conference held for this violation, it would appear that <br />the analysis employed by the Assessment Officer utilized common <br />sense and took into consideration all relevant facts as presented <br />by the Division and the operator. Therefore, at my direction, <br />please modify the Notice of Violation as recommended by the <br />Assessment Officer. <br />I do believe that the operator must comply with all applicable <br />rules as they pertain to the coal fines deposition below the <br />conveyance system. Therefore, I would like you to direct that <br />the permit be modified so that the appropriate on-the-ground <br />actions occur to correct the situation and to ensure that the <br />appropriate conditions exist in the permit so that regular <br />maintenance occurs such that the problem does not reoccur. <br />C:\assconf <br />