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Justification of Settlement Agreement for Notice of Violation C-91-037 Conference Summar NOV C-91-037 was issued on December 31, 1991 by Cathy Begej of the Division, based on an inspection she conducted December 17-19, 1991, at the Southfield Mine. The NOV was issued for "failure to permit and bond for disturbance outside the permit area." Ms. Begej, representing the Division, explained that the NOV applied to portions of sediment pond embankments and spillway structures at four locations. A total affected area of approximately 1 1/4 acres extended beyond the permit area boundary. Mr. Allen Weaver, representing Energy Fuels Coal, Inc. CEFCI) indicated that each of the facilities had been appropriately bonded, and Ms. Begej stated that that appeared to be the case. The permit boundaries had been originally designated based on property boundaries, and so some question exists as to the operator's right of entry to maintain the structures as necessary. The operator has maintained the sites as warranted in the past, and Mr. Weaver indicated that legal right of entry had been secured for all but one of the cited locations. Fact of Violation The essential fact of the violation, that some disturbance occurred outside of the permit area boundary, is not in dispute. I find that a violation did occur. Civil Penalty Assessment The proposed civil penalty was: History: $ 0.00 Seriousness 250.00 Fault 250.00 Good Faith 0.00 Total $500.00 History The history component was not disputed. Seriousness Based on the small amount of disturbance outside the permit boundary, the operator argued that the damage was insignificant. While the disturbance was minimal, I do not agree that it was insignificant. It is very important that ali affected areas and structures be located entirely within the permit boundary, to protect the interests of adjacent landowners and insure that the operator will be able to conduct any necessary maintenance, monitoring and reclamation activities. I propose no reduction in the assessment in seriousness.