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I SETTLEMENT AGREfiNIfiNT JIISTIFICATION NOV CV-97-002 Notice of Violation (NOV) CV-97-002 was issued for violations of both performance (construction) requirements (4.10.4(3)(a) and (b)) and administrative (reporting) requirements (4.09.1(11)(b)). Mrs. Susan Burgmaier presented testimony that the refuse pile construction was not proceeding in accordance with the approved plans for the Southfield Mine. The construction problem was first brought to the operators attention in a July 1995 letter. Problems were noted in lift thickness and compaction. Periodic reports provided to the State by the operator regarding construction specifications and testing at the refuse pile were vague and failed to provide adequate information. Even though the pile was not constructed in accordance with the permit, the Division feels that the refuse pile in stable. A Technical Revision addressing the refuse pile was submitted on January 27, 1997 and found to be incomplete. The Technical Revision was resubmitted on March 28, 1997. The proposed civil penalty for NOV CV-97-002 was: History $ 0.00 Seriousness (Low\Moderate) $ 500.00 Fault (Negligence) $ 500.00 Good Faith $ 0.00 Number of Days Penalty Assessed 1 At this Assessment Conference, Mr. George Patterson requested that the penalty be reduced to $500.00 due to the fact that even though the refuse pile was not constructed as permitted, the pile is stable. After considering testimony from the Division and the Operator, I have come to the following conclusions; History A civil penalty for history would not be appropriate as there have been no NOV's issued to this mine during the past year. A $0.00 civil penalty is appropriate. Seriousness I concur that the violation was moderate in seriousness and that the $500.00 civil penalty is appropriate. I pointed out to the