2017-09-26_ENFORCEMENT - C1981014 (4)

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r SETTLEMENT AGREEMENT JUSTIFICATION Permit No. C-1981-014 CV -2017-002 / CO -2017-002 Page 3 of 3 affected lands. Dr. Corley stated the contract, whereby the landowner granted legal right to enter to the Operator, had terminated on January 2, 2017, and the Operator had not attempted to renew the contact with the landowner. Deliberation and Recommendation of the Conference Officer After consideration of the testimony and evidence provided by the participants at the settlement conference, and further review of the public record available through the Division's web site, I consulted the Division's attorney regarding the Division's assertion of civil penalties assessed to a dissolved corporation being potentially uncollectable. The reclamation statute, rules and regulations ensure mining operations are conducted in an environmentally responsible manner and that lands affected by mining activities are reclaimed to an appropriate use. Compliance with the reclamation statute ensures the orderly development of the State's natural resources and fosters an economically sound and stable mining industry. In this case, the record demonstrates the Operator of the Southfield Mine has successfully reclaimed approximately 99.95% of the affected lands identified under the permit. The Operator has testified the reclamation liability of the remaining 1.45 acres affected lands is largely limited to waiting for the 10 -year clock to terminate, and the existing $10,000 financial warranty is adequate to ensure the completion of reclamation. The Division's substantial written record and testimony is supportive of the Operator's position. The photographs provided by the Corley's did not substantially refute the evidence and testimony provided by the Operator or Division. The nature of the violation is administrative; absent is any evidence of environmental degradation due to actions of the Operator. There appears no justification for pursuit of the civil penalties assessed to a dissolved corporation through costly litigation efforts. Pursuant to Rule 5.04.3(4)(c), given the unique circumstance of this particular case I recommend the Administrator waive all civil penalties assessed for Notice of Violation CV -2017-002 and Cessation Order CO -2017-002, for the Southfield Mine, Permit No. C-1981-014.