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JUSTIFICATION OF SETTLEMENT AGREEMENT <br />NOTICE OF VIOLATION C-91-028 <br />Conference Summary <br />NOV C-91-028 was issued for "failure to properly design and construct <br />sedimentation ponds" by Joe Dudash of the Division on December 11, 1991. The <br />NOV applied to five sediment control structures at the New Elk Mine. <br />Mr. Dudash explained that, although the sedimentation structures had shown no <br />evidence of improper functioning and had existed in their present state for <br />many years, the permit lacked specific designs as required by Rule 4.05.6. <br />Mr. Thompson did not dispute this, but he pointed out that with the exception <br />of one pond which required minor expansion, existing designs were demonstrated <br />to be in compliance with applicable regulations. <br />Fact of Violation <br />The fact that required designs had not been included in the permit was not <br />disputed. Although no offsite damage ,vas apparent, one pond was evidently <br />undersized. I find that a violation did occur. <br />Proposed Civil Penalty Assessment <br />The penalty assessment proposed by the Division Assessment Officer was: <br />History: y 0.00 <br />Sericusness: 250.00 <br />Fault: 250.00 <br />Good Faith: 0.00 <br />Total 5500.00 <br />History <br />The histcry component was not disputed. <br />Seriousness <br />Based on the fact that nc offsite evidence of erosion or sedimentation was <br />observed and that the Division had not previcusly noted problems Edith respect <br />to the sedimentation structures, I conclude that the potential for damage was <br />minimal. I concur with the proposed assessment of 5250.00 for seriousness. <br />Fault <br />The operator bears responsibility for insuring that regulatory requirements <br />are met. However, given the circumstances in this case, it appear; that the <br />degree or negligence is relatively low. Wyoming Fuels had succeeded to the <br />