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<br />-z- <br />L~ <br />Justification for the Proposed Settlement Agreement for <br />NOV CV-84-112/Kerr Coal Company, Marr Strip Mine <br />File No. C-006-80 <br />The permittee contested the fact of the violation for the reasons outlined in <br />the letter from Michael S. McCarthy to David Shelton dated June 28, 1984. <br />Upon discussing those issues in the assessment conference, I believe that they <br />are relevant to the question of the civil penalty but do not indicate that the <br />violation should be vacated. This is due to the fact that considerable <br />sediment eroded off of the spoil pile and was deposited in an area which was <br />not designated in the permit to be disturbed by any of the mining or other <br />surface activities. <br />The Division Coal Staff proposed a civil penalty as follows: <br />History -0- <br />Seriousness $437.50 <br />Fault $250.00 <br />Total $687.50 <br />Rounded to $685.00 <br />Based on the discussions at the assessment conference I am proposing the <br />following adjustment: <br />History -0- <br />Seriousness $250.00 <br />Fault $ -0- <br />Total $250.00 <br />Seriousness is being reduced due to the fact that analysis of the deposited <br />sediment indicates that there will not be any long-term impact since it is a <br />suitable growth medium. Fault is being reduced to -0- for the reasons <br />outlined in Mr. McCarthy's letter to me referenced above. A good faith <br />reduction is appropriate in this case for three reasons; 1) more samples of <br />the deposited sediment were collected and analyzed than required in the <br />abatement, 2) a more complete analyses of each of the collected samples was <br />performed and presented to the Division, and 3) the clean-up and ditch <br />reconstruction as required by the abatement was accomplished 20 days in <br />advance of the abatement deadline. Thus I am proposing a good faith reduction <br />of $250.00. The total civil penalty proposed then is -0-. <br />/ep <br />Doc. No. 3314 <br />