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<br /> <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-157 <br />Notice of Violation C-93-157 was issued for "Failure to have <br />impoundments certified by a professional engineer and inspected <br />on a quarterly basis". Larry Routten issued this NOV to Western <br />Fuels Utah (WFU) for the Deserado Mine on December 16, 1993. He <br />explained that WFU did not have the as-built certifications for <br />the two impoundments at the railroad loadout, two impoundments at <br />the conveyor transfer stations or the fresh water lagoon. <br />Additionally, inspections were not done on a quarterly basis. <br />Maurai Shrestha and Jeff Dubbert, representing WFU, submitted the <br />as-built certifications for the impoundments at the railroad <br />loadout and transfer stations. They questioned whether the fresh <br />water lagoon needed to be certified. The lagoon was not built to <br />hold water. The impounding structure is a road that was <br />originally built to access their alluvial wells. Subsequently, <br />the Army Corps of Engineers built a reservoir in the area which <br />created the "impoundment". There are two drainage culverts in <br />the impoundment which equilibrate the water level in the <br />impoundment with the water in the reservoir. <br />I feel the question of whether or not the fresh water lagoon is <br />an impoundment is beyond the scope of the assessment conference. <br />To me it's questionable. However, the quarterly inspections were <br />not submitted as required by 4.05.9(13). This represents an <br />administrative violation to me and should be assessed as such. <br />The proposed civil penalty was: <br />History $100.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $600.00 <br />Seriousness <br />The certifications were in the permit document. This NOV <br />pertains only to the quarterly inspections, which WFU claims they <br />were conducting. They simply were not submitted to the Division. <br />I feel this is an administrative violation, and I propose to <br />reduce the seriousness to $0.00. <br />Fault <br />I agree with the proposed penalty. <br />Good Faith <br />The NOV has not been abated yet. <br />Settlement Agreement Penalty $350.00 <br />