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v <br />Justification of Settlement Agreement for <br />NOV C-85-076 <br />Trinidad Basin Mine <br />Mr. Lewicki did not contest the facts of the violation. He did feel the civil <br />penalty was too high for an inactive operation, since there was no one on <br />site. I can not consider this as reason for reducing the penalty because it <br />is the operator's responsibility to maintain the site at all times. <br />The proposed civil penalty was: <br />History # 600.00 <br />Seriousness # 250.00 <br />Fault S 250.00 <br />Total Proposed Civil Penalty 1,100.00 <br />Seriousness <br />The proposed penalty reflects minimal seriousness. I concur with this; little <br />environmental damage occurred as a result of the breached ditch. Heavy rains <br />had occurred within the week before the inspection which caused the <br />violation. Therefore, the duration is short. <br />Fault <br />The proposed penalty reflects minimal negligence. I concur with this. No one <br />had been on-site to check the sediment control system following the rains. <br />Good Faith <br />I am proposing a 5100 reduction in the penalty for good faith. There is no <br />equipment at the mine. Extraordinary measures were undertaken by the operator <br />to contract a backhoe and operator to clean the ditches out in the shortest <br />time possible. The ditch was cleaned within two days after learning of the <br />violation on August 28. <br />The proposed civil penalty is: <br />History $ 600.00 <br />Seriousness # 250.00 <br />Fault ~ 250.00 <br />Good Faith Reduction S -100.00 <br />Total Proposed Civil Penalty 51,000.00 <br />Doc. No. 4264E <br />