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operations and are very knowledgeable of the requirement to do so. Based on the evidence I saw, the area where topsoil was no[ salvaged was small a small patch of grass adjacent to the access road leading to the disposal site. It appears material from either the road or the pile was pushed off the embanlanent and onto the undisturbed area. 1 saw no evidence that MCC intentionally failed to salvage topsoil. It appears to me to be a lack of diligence. MCC representatives said they are aware of the proper installation techniques for silt fences and they had in fact repaired fences in parts of the mine. They admitted there was a gap in the fence due to the brush cover and they said the other disturbance was attributed to "marauding cattle". The perimeter ditches were not maintained as designed. MCC said they bad not constructed engineered drainage ditches at this site. Designs are presented in the Small Area Exemption for the waste pile. No evidence of intentional conduct was presented at the conference. I conclude MCC was negligent in allowing material to spill over onto an undisturbed area and for not constructing and maintaining the silt fence and ditches as required in the permit. $750.00 is assessed for fault. Good Faith Some parts of the NOV were taken care of after the May 10, 1995 inspection, the rest were abated by the extended deadline of Junc 10, 1995. The deadline was extended because of the holiday weekend and poor weather conditions. Following the abatement timeframe, MCC installed a fence to keep cattle out of the disposal site. MCC abated the NOV is a timely manner. However, based on the information presented in the conference, 1 saw no evidence of extraordinary effort and I am not recommending a good faith reduction. Settlement Agreement Penalty History $0.00 Seriousness $500.00 Fault $750.00 Good Faith $0.00 Total $1250.00