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Justification of Settlement Agreement for Notice of Violation C-91-033 Conference Summar NOV C-91-033 was issued on December 31, 1991 by Cathy Begej of the Division, based on an inspection she conducted December 17-19, 1991, at the Southfield Mine. The NOV was issued for "failure to perform late fall seeding of re-topsoiled areas in accordance with the plan." Ms. Begej, representing the Division, stated that the NOV was issued because a 5 acre (approximate) portion of the coal refuse area which had been final topsoiled in June, 1991, remained un-seeded at the time of the December 17-19, inspection. The approved plan calls for seeding of topsoiled areas in "mid to late fall." Ms. Begej noted no evidence of excess erosion or other environmental damage at the time of the inspection. Mr. Al Weaver, representing Energy Fuels, Coal, Inc. (EFCI), acknowledged that the area had not been seeded. Mr. Weaver indicated that some additional topsoil was distributed on the site in September, and that due to wetter than normal conditions in October and November, the window of opportunity for suitable seeding conditions was constricted. The seeding was accomplished as soon after issuance of the NOV as conditions were suitable (January 4-6). Civil Penalty Assessment The proposed civil penalty was: History $0.00 Seriousness 5750.00 Fault $250.00 Good Faith -$250.00 TOTAL $750.00 History The history component was not disputed. Seriousness I concur with the $750.00 assessment for moderate seriousness. As the assessment officer noted on the proposed civil penalty worksheet, topsoil is critical to reclamation of the coal waste disposal pile, and the failure to seed and mulch the replaced topsoil in a timely manner decreases the potential for successful revegetation and increases the exposure of the topsoil to erosion.