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C' SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-021 Assessment Conference Summary NOV C-93-021 was issued by Randy Price of the Division on April 7, 1993, as a result of observations he made at the Marr Strip on an inspection of March 31 and April 1, 1993. The NOV was issued for "[f]ailure to maintain records at or near the mine". Rule 5.02.4 was cited. Mr. Price explained that during the complete inspection, he and David Berry conducted a thorough inspection of the records maintained on file at the mine office. During the records search, a number of permit related items could not be located, including: 1) Map 28A (from TR 9) 2) NPDES permit 3) Rider to Reclamation Bond Document 4) Revisions TR 7 and TR 8 5) Permit Renewal Findings and Proposed Decision Mr. Patterson indicated that the Renewal Findings and TR's 7 and 8 had been misfiled and were located and presented to the Division inspectors on the second day of the inspection. He also noted that Map 28A, the permit boundary map from TR 9 was on file at the office of ACZ, the operator's permitting consultant, in Steamboat Springs. Mr. Price and Mr. Berry did not dispute Mr. Patterson, but indicated there was some confusion as to which of the missing documents were located by the Operator at the mine site, and which were observed at the ACZ offices. Fact of violation Giving the Operator the benefit of the doubt, there were still certain items (the bond rider, NPDES Permit, and permit boundary map) which were not available for inspection at the mine office at the time of the inspection. The ACZ office in Steamboat Springs had not been identified in the permit or otherwise approved or acknowledged by the Division as a repository for required records "at a convenient place in the area of mining" pursuant to Rule 5.02.4. I therefore conclude that a violation did occur. Civil Penalty Assessment Proposed Penalty Assessment History $ 50.00 Seriousness 100.00 Fault 250.00 Good Faith 0.00 Total $400.00