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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />NOV C-86-043 <br />NOV C-86-043 was written "because the operator had established an unapproved <br />road and for driving heavy equipment up the embankment of Sediment Pond MB-1 <br />and the fresh water pond". The operator contested the violation because <br />Mr. Conn had called the Division to ask whether the road needed to be <br />permitted. He was told the Division would look at it in the field and get <br />back with him. Mr. Liddle explained, however, that he had told the operator <br />about a year ago the road either needed to be reclaimed or permitted. <br />I believe a violation did exist. All roads within the permit area used in <br />conjunction with mining activity need to be permitted and equipment should not <br />be driving on pond embankments. <br />The proposed civil penalty was: <br />History E 0.00 <br />Seriousness 250.00 <br />Fault 250.00 <br />Good Faith -250.00 <br />TOTAL X66 <br />History <br />Seriousness <br />I agree with the proposed penalty. <br />Fault <br />The operator requested a reduction because they had made a recent effort to <br />determine if the road needed to be permitted, and they had not received a <br />response from the specialist. Mr. Conn was not aware of Bob Liddle's <br />conversation with the operator a year ago. I propose to reduce the penalty by <br />E50.00. <br />Good Faith <br />I agree with the proposed penalty. <br />Final Civil Penalty <br />History E 0.00 <br />Seriousness 250.00 <br />Fault 200.00 <br />Good Faith -250.00 <br />TOTAL ~ZQO:UQ <br />/dlm <br />2319E <br />