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6 -~ <br />JDSTIFICATION OF SETTLEMENT AGREEMENT <br />NOTICE OF VIOLATION C-93-008 <br />Conference Summar <br />NOV C-93-008 was issued for "[f]ailure to maintain records in a <br />public place: <br />1. Current Certificate of Insurance <br />2. 3rd ~ 4th Quarter Pond Inspection Reports" <br />The NOV was issued by Randy Price of the Division on March 2, 1993, <br />based on his February 25, 1993 inspection of the Apex No. 2 Mine. <br />The Operator, Sunland Mining Co., maintains the records for the <br />recently reclaimed mine at Hovi Sales, an auto parts shop in Oak <br />Creek. The records have been kept at the location in oak Creek for <br />several years, since operations ceased at the mine and no office <br />was maintained in the vicinity. Sunland's headquarters is in <br />Indiana, and they do not have staff in Colorado, but they have <br />hired Greg Lewicki, a Denver engineering consultant, to maintain <br />the mine site and records. Mr. Lewicki represented Sunland at the <br />conference. <br />Mr. Price opened the conference and explained that records going <br />back approximately twelve years were kept in labeled file folders <br />in a cardboard box at the Hovi Sales office. During his February <br />25 inspection, the referenced certificate of insurance and pond <br />inspection reports were not on file in the designated file folders. <br />Mr. Price spent some time searching for the information but did not <br />perform an exhaustive search through all of the out of date file <br />folders to determine if the information might have been misfiled. <br />Mr. Price indicated that the certificate of insurance had been in <br />the designated file folder during his fourth quarter 1992 complete <br />inspection. <br />Mr. Lewicki explained that it had been his practice to send copies <br />of reports and certifications to Hovi Sales as necessary, and the <br />office personnel did the filing. On a monthly basis, Mr. Lewicki <br />checked the records to insure that they were properly maintained. <br />Mr. Lewicki stated that he had most recently checked the records <br />during the first week of February, and that the records cited in <br />the NOV had been properly filed at that time. Subsequent to Mr. <br />Price's inspection, the documents were located in an unrelated file <br />folder. Mr. Lewicki was unable to determine who might have <br />accessed the files between his visit in early February and Mr. <br />Price's inspection on February 25. <br />Fact of Violation <br />The NOV was issued for "failure to maintain records in a public <br />place...". The cited Regulation requires that "...records...shall <br />be immediately available to the public...at a convenient place in <br />the area of mining". It would appear that the cited records were <br />"on file" in the records box at the Hovi Sales office at the time <br />