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JUSTIFICATION OF SETTLEMENT AGREEMENT NOTICE OF VIOLATION C-92-O10 Conference Summary NOV C-92-O10 was issued for "failure to submit to the Division at least semi- annually the results of the subsidence monitoring program." The NOV was issued June 22, 1992 by Joe Dudash of the Division. Rule 2.05.6(6) of the Regulations requires semi-annual submittal of subsidence monitoring data, and the approved permit for Golden Eagle also contained such a commitment. The operator had collected quarterly subsidence data from eight monitoring stations beginning in the third quarter of 1988, but the data had not been submitted to the Division. fact of Violation The operator conceded that, although the monitoring had been done, it had not been submitted to the Division. Mr. Thompson indicated that the previous Environmental Coordinator at Golden Eagle had told him that the Division had waived the data requirement submittal. Although the practice had been occurring since 1988 with the Division's knowledge (based on Joe Dudash's discu r ion with previous reclamation specialist Berhan Keffelew), there is no documentation to indicate any specific waiver or variance from the regulatory and permit requirements. I find that a violation did occur. aroposed Civil Penalty assessment History: 3 0 .00 Seriousness: 500 .00 Fault: 750 .00 Good Faith: 0 .00 Total : ~1 ,? Seriousness This is a violation of administrative requirements, and as such the degree of seriousness is judged based on the degree to which enforcement was obstructed. In this case, it appears that enforcement was obstructed to a low degree, since the Division was able to verify that the data was being collected and the data was reviewed on a quarterly basis during complete inspections. I recommend that the assessment for seriousness be reduced from '3500.00 to 3250.00.