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-~ <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-94-026 <br />Novice of Violation C-94-026 was issued for "Failure to retain copies of all required records <br />at the public record storage location. The following records were not located at the public <br />records storage location: DMG Permit, Insurance Certificate, Bond Document, Phase I & II <br />Bond Release Documentation and Findings and Second Quarter 1994 DMRs." Dave Berry <br />issued the NOV fmm the office on September 29, 1994 to Slurco Corporation for the <br />Canadian Strip Mine. An assessment conference was held on December 5, 1994 with Dave <br />Beny representing the Division of Minerals and Geology and ]erry Koblitz representing <br />Slurco Corporation. <br />Dave Berry said that during his complete inspection the above listed documents were missing <br />from the County Courthouse (designated public records location). The overall impact of the <br />missing records is minimal, however he did experience some inconvenience. He had to call' ~. <br />the operator's consultant to get the information regarding the bond release. This information <br />had a direct bearing on the inspection. <br />Jerry Koblitz requested that the NOV be vacated. His request was sent in October 21, 1994. <br />He contends that all of the missing records have been sent to the Courthouse. This bas been <br />the designated public records location since the mine has been reclaimed. Sometimes the <br />information is misfiled or misplaced. Several past inspections by the OSM and the Division <br />have not identified these files as missing and the records were deemed complete. Keeping an <br />accurate record in a public office is difficult since they have to rely on them to keep the <br />records in order. Slurco does update the records on a regular basis. This update system has <br />changed in response to this NOV. All required information is in a clearly labelled <br />compliance notebook and updates will be sent to the courthouse by certified mail. To abate <br />the NOV all missing information was sent to the courthouse by certified mail on October 6, <br />1994. <br />I will uphold the NOV. At the time of the inspection, several required documents were not <br />available. The operator's new system with the notebook and certified mailings should help <br />minimize misfiling by the courthouse. <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $100.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $350.00 <br />