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t JUSTIFICATION OF SETTLEMENT AGREEMENT FOR Notice of Violation C-92-002 (page 1 of 2> Conference Summar A telephone assessment conference for NOV C-92-002 was held on March 6, 1992. Randy Price, Mined Land Reclamation Division Reclamation Specialist represented the Division, and David Canning, Vice President of Sunland Mining Corporation represented the operator. NOV C-92-002 had been issued on January 28, 1992, by Harry Ranney of the Division based on an inspection he conducted on January 22, 1992. The NOV was issued for "failure to have available all required records and certificates at a convenient place in the area of mining". Specific records cited were the current certificate of insurance, 3rd and 4th quarter, 1991 sediment pond inspections and 4th quarter, 1991 NPDES records. Mr. Price reviewed the above information during the conference, and indicated that he had conducted a records inspection on February 27, 1992 and verified that the necessary records were on file on that date, prior to the specified abatement deadline of February 28, 1992. Mr. Canning acknowledged that the specified records had not yet been placed on file at the designated location in Oak Creek at the time of the January 22nd inspection, but he pointed out that the NPDES records and sediment pond inspection reports had been submitted to the Division prior to that time. He also stated that, although the Certificate of Insurance update had not been placed on file in Oak Creek or provided to the Division prior to the January inspection, the required insurance coverage had not lapsed. Mr. Canning explained that the Apex No. 2 Mine has not been active for several years. He has made arrangements with an individual in Oak Creek to perform certain monitoring and maintenance activities, although Mr. Canning continues to perform most permitting upkeep tasks from his Kentucky office. The NPDES and pond inspections had simply not yet been placed on file at the Oak Creek location by the local contact, Mr. Fred Cucta. Mr. Canning indtcated that the need for an updated insurance certificate was an unintentional oversight on his part. Fact of Violation The essential facts of the violation as set forth in the NOV and described by Randy Price during the assessment conference were not disputed by the operator. I find that a violation did occur.