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Justification of Settlement Agreement Notice of Violation C-92-012 Conference Summary Janet Binns of the Division opened the discussion of NOV C-92-012 by explaining the observations she made on her June 24, 1992 inspection of the Deserado Mine which led to the issuance of the NOV. The NOV was issued for "failure to install sediment control measures on de-gas well pads LWS-6 and LW5-68." M;. Binns indicated that at pad sites had been regraded measures were in place. A which describes reclamation was presented. The permit regrading, "a small berm is sediment control structure the time of the inspection, the referenced well but not yet topsoiled, and no sediment control copy of Section III-36 of the Deserado Permit, and sediment control procedures for de-gas wells states that upon completion of drilling and left along the downhill side to serve as a during revegetation." The operator representatives acknowledged that the required berm had not been constructed, and they did not dispute the fact of the violation. Mr. Shrestha and Mr. O'Hara contended that, due to the steep slopes at the sites, it would have been difficult to construct a berm, and elimination of the berm upon successful vegetation establishment would create substantial additional disturbance. They also stated that, due to the small size of the well pads and the location of the sites far from the nearest perennial stream, the potential for environmental damage was very low. Fact of Violation The specific facts of pertinence to the occurrence of a violation are not in dispute. I find that a violation did occur. Proposed Civil Penalty Assessment The penalty assessment proposed by the Division Assessment Officer was: History 50 .00 Seriousness 5250 .00 Fault 3500 .00 Good Faith 3 0 .00 Total Proposed Penalty 3750.00 History The history component was not disputed.