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-4- An assessment conference was held on June 19, 1989. The violation was upheld; and the conference officer declined to reduce the proposed penalty, The penalty was paid August 31, 1989. 7. NOV C-89-028 was issued October 26, 1989 for failure to have available at a conventen place in the area of mining all required records and reports, (Specifically missing were the NPDES Discharge Permit, current certificate of insurance, NPDES Quarterly Reports, and Quarterly Sediment Pond Inspection Reports.) Rule 5.02.4(1) was cited as being violated. Abatement was that the required records were to be available for inspection upon request by January 1, 1990 at a location at the mine site or in the immediate vicinity (no farther than Durango, Colorado), The violation was terminated January 24, 1990, The penalty proposed for this violation was $1,100,00. An assessment conference was apparently scheduled but never held. The penalty was paid Feb. 27, 1990. 8. NOV C-89-035 was issued Dec. 21, 1989 for failure to implement the sur ace aratnage control plan as approved in technical revision #3. Numerous structures, including berms, ditches, culverts, and the sediment pond, were specifically noted as not being in compliance. Rules 4,05.1, 4.05.2, 4.05.5, 4.05,6, 4.05.7 and TR#3 were cited in support of the violation, Abatement was to install, construct, or reconstruct surface drainage control system and structures to comply with approved plan by Mar, 7, 1990, The violation was terminated Mar. 8, 1990, The proposed penalty for this violation was 51,650,00 An assessment conference was held Feb, 28, 1990, The operator did not contest the fact of the violation or the proposed penalty but requested a reduction fior good faith, The conference officer found a reduction of $400.00 for good faith to be warranted and reduced the penalty to $1,250.00. Payment of this penalty was delayed but finally received July 25, 1990,