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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-025 Assessment Conference Summary Nov C-93-025 was issued by Susan Morrison of the Division for "[F]ailure to include a description and detailed design for each existing structure, for which there are specific design criteria or performance standards, proposed to be used in connection with or to facilitate the surface coal mining and reclamation operations". The NOV referenced various berms, ditches, and culverts within portions of the Edna Mine permit area for which specific designs or descriptions were required, but had not been submitted. For several of the structures, the Operator representatives conceded that oversights occurred and the required designs had not been provided. However, they indicated that designs for "Goat Trail" access road culverts had been provided. Subsequent review of Exhibit 3.5-1 (Sheet 2 of 2) and Table 3.5-3 has confirmed this and the NOV will need to be modified. The Operator also argued that the berm on the east side of the shop warehouse pad was an MSHA required safety berm not required for drainage or materials containment purposes, and the Division indicated that this would be researched and the NOV modified if appropriate. The Operator contended that the typical road ditch designs in the permit applied to the "Goat Trail" access road as well as haul roads, but conceded that this was not specified in the permit. Fact of Violation The Operator representatives conceded that required designs for certain structures had not been provided. I find that a violation did occur. Civil Penalty Assessment Proposed Penalty Assessment History $ 0.00 Seriousness 500.00 Fault 250.00 Good Faith 0.00 Total $750.00 History The History component was not disputed. Seriousness The cited deficiencies were apparently permitting oversights.