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4 DIVISION OF MINERALS AND GEOLOGY Deparlmern of Natural Resources 1113 Sherman 51., Room 215 Denver, Colorado HWO3 Phunc IIDl) AfiH-SSfi7 FAX: 1 JO i 1 832 H 106 STATE OF COLORADO SETTLEMENT AGREEMENT JUSTIFICATION Twentymile Coal Co., Foidel Creek, C-82-056,CV-97-011 James B. McArdle, Conference Officer II~~~ DEPARTMENT OF NATURAL RESOURCES Ruv Rumcr VUIe~nUr I~~mes5 Ln, hhead E.ecm me Dheuur m~Jmel R. lung Di. icinn Director The Notice of Violation CV-97-OI 1 was issued for implementing a revision prior to receiving final approval, and failure to conduct mining activities in accordance with the approved mine plan. Mr. Kent Gorham, of the Division of Minerals and Geology, presented testimony and documentation that mine development had commenced on a submain prior to approval of a pending Permit Revision (PR-04). This Permit Revision detailed the mining activities which had already proceeded. The approved mine plan, approved under Permit Revision PR-03, was not being followed during the development of the new submain entry. The Proposed civil penalty for NOV CV-97-O11 was: History $0.00 Seriousness $1?50.00 Fault $1,250.00 Number of Days Penalty Assessed 4 Good Faith $500 Total Civil Penalty Proposed by the Assessment Officer was $9,500.00 Mr. Rick Mills, of the Twentymile Coal Company, provided a mine map and discussed, in part, the location of the mine development activities, the approved plan and stated that minor deviations and adjustments to design locations are typical and to be expected in the course of mining activities. The development activities noted in this NOV could not and in fact did not cause serious damage [o man made structures or the environment. Mr. Mills also discussed the faulty NOV notification which resulted in the NOV being received by mail on August 12, 1997, while the NOV was terminated on August I L, 1997. The operator received the NOV by fax on Friday, August 8, 1997 at 4:23P.M.