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o • <br />Rationale for Settlement Agreement <br />NOV C-90-016 <br />New Castle Energy Corp. <br />Coal Ridge #1 Mine <br />NOY C-90-016 was written for "Failure to pass all surface drainage] ... <br />nroug a sediment pond The drainage from two small areas of <br />disturbance was not contained within the sediment control system. This <br />problem resulted from a breach in a berm and improper grading. It is apparent <br />that the violation did occur. The extent of the areas which were uncontrolled <br />was very small, less than 1 acre. Physical evidence did not indicate that any <br />sediment was carried off-site or resulted in any damage within the site, <br />Therefore, the seriousness of this violation is very limited, I do not <br />believe that the violation occurred as a result of any fault of the operator. <br />Rather fault only comes into play in the operator's failure to recognize the <br />problem and correct it prior to issuance of the NOV. The operator was <br />diligent in abating the violation, making arrangements fora contractor to <br />bring equipment on site to repair the berm and correct the grading. <br />Therefore I propose the following penalty: <br />History = 5150,00 <br />Seriousness = 50.00 <br />Fault = 250,00 <br />Good Faith = - 100.00 <br />Total 5300.00 <br />5014E <br />