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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-89-008 NOV C-89-008 was written for "failure to maintain cover material in a stable configuration". Susan Mowry explained and showed slides of material on the reclaimed mine bench that had slumped. Approximately 1/4 acre was disturbed, but it was limited to the cover material. The bench, constructed of mine waste, was dry and stable. This was similar to the slump that occurred last year. Mr. Stover did not contest the fact that a slump had occurred, but he questioned whether it was a violation. The performance standards and the Act citations are primarily directed at waste stability, not the cover material. Rule 4.06.4(2)(a) was also cited which requires redistributed topsoil to achieve a stable, uniform thickness consistent with the postmining landuses, contours, drainage system and revegetation plan. I believe the combination of these citations are valid. Although the fill requirements do no specifically require that the cover material be stable, the performance standards are broad enough to address the overall fill stability. The proposed civil penalty was: History 6 50.00 Seriousness 250.00 Fault 500.00 Good Faith 0.00 TOTAL X860-0~6 History There has been one NOV during the past twelve months. Seriousness Mr. Stover did not contest this and I agree with the proposed civil penalty. Fault There was some discussion regarding the fault component. Because this was the second citation fora similar problem, .6500.00 was proposed. However, as addressed in the conference, the fill was constructed as designed and approved in 1985. There were no stability problems for two years. The problem last year occurred on the steepest part of the fill where a problem might have been expected. That was repaired and there was no reason to believe there would be additional failures. Based on the information presented in the conference I propose a reduction to 5250.00.