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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-018 <br />Notice of Violation C-93-018 was issued for "Failure to maintain <br />diversions, ditches and culverts. Eleven road ditches/diversions <br />and four culverts were cited." <br />Mr. Dudash explained that many of the ditches were not up to <br />design specifications, they were partially filled with sediment. <br />In some cases the ditches were non-existent. Culverts were <br />partially blocked. <br />The operator did not contest the fact of the violoation or the <br />proposed civil penalty. Mr. Thompson did request a good faith <br />reduction. Cleaning of the ditches was given the highest <br />priority over all the other NOV abatements. A contractor was <br />immediatley hired to bring equipment to the mine site to clear <br />ditches and culverts that could have negative impacts. The <br />others were cleared as soon as possible. <br />The abatement deadline for completing this work was April 30. On <br />April 29, the Division received an update letter regarding the <br />abatement of the NOV~s. At that time NOV C-93-018 had not been <br />completely abated, although the operator stated that all ditches <br />would be cleaned by April 30. The NOV was issued on March 30. I <br />do not feel that taking a month to abate the NOV is rapid <br />compliance. <br />I do not recommend a good faith reduction. <br />Settlement Agreement Penalty Proposal $1550.00 <br />