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Rationale for Settlement Agreement <br />NOV C-90-011 <br />New Castle Energy Corp. <br />Coal Ridge ,~1 tAine <br />NOV C-90-011 was written for "Failure to protect topsoil from wind and water <br />erosion, unnecessary compaction, and contamination." Two topsoil stockpiles <br />were the subject of this NOV, one which is addressed and one which is not <br />clearly addressed in the permit application. One pile was threatened by an <br />adjacent ranch road ana associated uses and activities on the road, while the <br />other pile was threatened by an irrigation ditch adjacent. <br />It did not appear that any damage to either pile had occurred and information <br />which came to light as a result of abatement indicates that the threat, in one <br />case, was less than initially perceived. The operator indicated that the <br />condition and location of the stockpiles was as it had been since 1985 and <br />that condition had never been the subject of concern by Division personnel <br />before. It is my opinion that protection measures for the stockpiles as <br />contemplated in the permit were inadequate. It is also my opinion that <br />Division inspectors do not function as environmental staff for operators and <br />may not identify every problem at a site. <br />The abatement deadline for the NOV was extended by request in order to allow <br />New Castle Energy Corp. and the Division to come to a mutual understanding of <br />necessary abatement activities. At the time that a mutual understanding was <br />reached abatement was completed in one day. <br />Based on these facts I believe that a violation existed. However, I believe <br />that a permitting defect also exists and should be addressed as well. The <br />topsoil stockpile adjacent to the Vulcan Ditch should be addressed in the <br />permit application and appropriate protection measures as implemented in the <br />field or otherwise deemed necessary for either pile should also be addressed <br />in the permit application. The civil penalty should be adjusted to reflect <br />the fact that no damage occurred, the potential for any was low, the <br />unprotected condition of the stockpiles was largely an oversight, and rapid <br />compliance was achieved. Therefore I propose the following penalty. <br />History = E150.00 <br />Seriousness = 250.00 <br />Fault = 250.00 <br />Good Faith = -250.00 <br />Total 5400.00 <br />/ern <br />9014E <br />