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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-070 <br />Notice of Violation C-93-070 was issued for "Failure to install <br />three approved culverts and failure to submit for approval the <br />Ciruela Canyon culvert." The culverts had been installed, but <br />they were the wrong sizes as noted in the inspection report. <br />There was no evidence of damage from the culverts noted. <br />The operator did not contest the fact of the violaton. Mr. <br />Thompson stated that two of the Culverts had been replaced and <br />they made a demonstration that one culvert was adequately sized. <br />The Ciruela Canyon culvert was installed by the railroad. It was <br />not part of the mine's drainage system. <br />The operator requested a reduction in the fault component of the <br />proposed penalty. The proposed penalty was $500.00 representing <br />mid-level negligence. At hte time of the assessment conference I <br />felt a reduction might be warranted. After reviewing the <br />information though i feel the penalty is appropriate. The reason <br />the Division requires an operator to submit design plans ofr <br />approval is to ensure structures, such as culverts, will be <br />properly sized. The approved plan is to be followed during the <br />construction phase. Failure to install culverts according to the <br />approved design shows a lack of diligence and a lack of <br />reasonable care. I agree with the proposed penalty. <br />Settlement Agreement Penalty Proposed $800.00 <br />