Laserfiche WebLink
~. <br />. .. <br />Settlement Agreement <br />C-96-017 <br />Page 2 <br />3. As a result of the operator's actions significant surface disturbance has <br />occurred. No analysis has been provided to the DMG about the impacts <br />of this disturbance and no reclamation plan has been provided. The <br />rules promulgated pursuant to the Act require the submittal of <br />geotechnical information and a reclamation plan. Therefore, the civil <br />penalty of $1,000.00 for significant impacts contained in the <br />September 19, 1996 notice shall be paid. <br />4. The notice of September 19, 1996 also recommended that a penalty of $500.00 <br />be assessed because of the operator's negligence. The operator admits no <br />negligence. Rather, the operator claims that no permit was needed to conduct <br />the road work and therefore the operator's actions were intentional. However, <br />if the operator signs this Settlement Agreement, conceding that a permit <br />was required and that the revision that was submitted to disturb County <br />Road 27 should have been approved prior to commencing work, and that a <br />permit revision should have been submitted to disturb County Road 27a, <br />the penalty for negligence will be reduced from $500.00 to $0.00. <br />5. 'This agreement sluili not be effective unless it is signed by the operator within <br />ten days of being signed and dated by me, acting as the Conference Officer. <br />6. If this agreement is not signed within ten days, the DMG will fix the penalty <br />at the originally proposed amount in accordance with C.R.S. 34-33-123(8)(a). <br />Operator: <br />Date: <br />Representing Seneca Coal Company <br />Conference Officer: Date: p 40 <br />M A iffe <br />Penalty Adjustment Reviewed by: Date:\~O `~ <br />Mike Long, irec <br />Division of M' Geology <br />