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Justification for Proposed Settlement Agreement NOV <br />Trinidad Basin <br />The facts of the violation were not contested other than TBM saying that they <br />believed that stipulations TR2 No. 1 and TR2 No. 2 had been complied with. <br />Receiving no information to the contrary, I am upholding this violation and <br />the proposed civil penalty as proposed by the Division staff. <br />History $ 100.00 <br />Seriousness $ 200.00 <br />Fault $ 500.00 <br />Total 800.00 <br />Justification for Proposed Settlement Agreement NOV CV-84-027, Trinidad Basin <br />Mtntng, nc. <br />This NOV was written for two separate concerns. One was the failure to procure <br />and install a screw cap on the principal watering device for sediment pond <br />15-P8. The second concerned the maintenance of the culvert installed under <br />the road to Pit No. 4. With regard to the second concern, the culvert is not <br />shown as part of the mine plan, nor is any other water conveyance structure. <br />In the absence of this structure there would be no need for maintenance thus, <br />I am removing that part of the violation from consideration. If there is a <br />need for a structure in this location, it should be incorporated into the <br />permit document through the necessary permit revision process. The amount of <br />civil penalty must be adjusted to reflect only the concern with the dewatering <br />device at sediment pond 15-P8. I am proposing a civil penalty as follows. <br />History $ 100.00 <br />Seriousness $ 200.00 <br />Fault $ 300.00 <br />Total 600.00 <br />These reductions over the original proposed civil penalty reflect the <br />reduction in the scope of the NOV as well as the evidence presented at the <br />assessment conference that TBM had indeed made a significant effort to obtain <br />a screw cap, but that suppliers were unable to provide the materials. These <br />two factors reduced the seriousness and fault components as indicated. <br />Justification for Proposed Settlement Agre <br />These two violations have been combined into one violation which will be <br />called CV-84-028. The reasons for combining these violations is that they are <br />both for not following the approved permit. The facts of the violation as <br />originally outlined in the Notices are still valid. In combining these <br />violations, I am proposing a civil penalty as follows. <br />History $ 100.00 <br />Seriousness $1,300.00 <br />Fault $ 750.00 <br />Total 2, 50.00 <br />