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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-046 <br />Notice of Violation C-93-046 was issued for "Failure to submit <br />designs, demonstrations and/or certifications for topsoil <br />containment ditches, small area exemptions, sumps and associated <br />conveyance ditches and Map 12 certification." Dan Hernandez, <br />representing the Division, explained that this NOV applied to <br />three portions of the permit area: 1.) trailer/office small area <br />exemption; 2.) Santa Fe loadout Lease No. 1 ditches and sumps; <br />Santa Fe loadout Lease No. 2 ditches and sump, and 3.) Map 12 <br />(Mine Site Water Systems and Refuse Area). <br />Mr. Weaver contested portions of the violation. A minor revision <br />had been approved for the trailer/office small area exemption. <br />For the loadouts, a SEDCAD demonstration was in the permit, but <br />there were no actual designs. Based on this information Mr. <br />Hernandez said these items would not have been included in the <br />NOV, they are considered permitting defects. The NOV then <br />applies to the lack of design for topsoil stockpile containment <br />ditches and the lack of certification for Map 12. <br />The operator did not contest the proposed civil penalty. <br />