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I ~ Settlement Agreement - 2 - NOV C-85-036 This Notice of Violation was issued for "Failure to Protect Soi Specifically, failure to recover all soil from the laydown are buffer zone." Material on the south side of the temporary gob Gunnison No. 1 Mine had covered a strip of unsalvaged topsoil. representative, Mr. Robert Bowman, presented no contest to the Notice of Violation. July 16, 1985 1 Resources. a and maintain a pile at the Mt. The operator's facts of this The assessment officer proposed the following civil penalty assessment: History: $0.00 Seriousness $250.00 Fault $500.00 Total Proposed Penalty $750.00 The operator's representative responded to the proposed civil penalty assessment. Susan Mowry, the specialist issuing the Plotice of Violation, had commented in her report of the March 21-28, 1985 inspection of the site, that the buffer zone adjoining the pile should be maintained. In early April, the operator began to widen this buffer zone. However, after grubbing of vegetation, inclement weather prevented the topsoil removal. The violation was written May 8, 1985. Topsoil removal was initiated May 9, 1985, but because of the operator's environmental control officer's absence from the site, the Contractor failed to Completely recover the topsoil. Based upon the operator's willingness their attempt to initiate the remedial component by $125.00, resulting in the assessment: to comply in April, as demonstrated by work, I have reduced the fault following proposed final civil penalty History Seriousness Fault Final Proposed Penalty $ 0.00 $250.00 $375.00 $625.00 Because the contractor's error necessitated an extension of the abatement deadline, I do not believe any adjustment for good faith would be appropriate in this instance. This violation did not represent an unwarranted or willfull failure to comply with the act. JAP/sjv 1975E