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~ ., Justification of Settlement Agreement for C-91-007 Conference Summar NOV C-91-007 was issued for failure to inspect sediment ponds on a quarterly basis or at such interval as approved, and failure to maintain report copies at the mine site and submit copies to the Division. The NOV was issued in response to an OSM Ten Day Notice. David Berry, representing the Division pointed out in his presentation that American Shield was conducting reclamation at the Fruita Mine under the terms of a reclamation plan submitted to the Division. A previous Board Order required American Shield to obtain a reclamation only permit, and application for such permit had been made, but no permit has as yet been issued by the Division. The quarterly pond inspections and reporting cited in the NOV were not specifically addressed in the reclamation agreement under which American Shield was conducting reclamation operations. The Division's position, as represented by Mr. Berry, is that as operator of the Fruita Mine, American Shield assumed responsibility for compliance with the performance standards of the regulations. Greg Lewicki, representing American Shield, indicated that he was under the impression that compliance with the specific provisions of the reclamation plan was all that was required, given the permitting status of the operation. Mr. Lewicki stated that a pond inspection had been performed in February, 1990, and subsequently in March of 1991. The February, 1990 report was included with the permit application submittal, and the March, 1991 report was submitted to the Division on June 21, 1991, after being notified by the Division of the requirement to perform the pond inspections and reporting. The proposed civil penalty was History $0.00 Seriousness $250.00 Fault $250.00 Good Faith -$250.00 Total $250.00 Fact of Violation I find that a violation did occur, although the situation is clouded by the fact that the operator was conducting reclamation as approved by the Division, without a permit. Nevertheless, I concur with the Division's determination that American Shield, as operator of the Fruita Mines, was responsible for operating in compliance with the Law and Regulations, including the sediment pond inspection and reporting requirements.