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considerable information to the MLR Staff in sup- <br /> port of its position that no ground water moni- <br /> toring was required . As vet , no determination <br /> has been reached by MLR on this question. There- <br /> fore, CF&I has taken no further abatement action; <br /> except that, the monitoring plan referred to in <br /> number 3 above includes some shallow wells along <br /> the Purgatoire River . <br /> 5 . Failure to dispose of waste material within an <br /> area approved by the regulatory authority . CF&I <br /> abated this violation by removing the waste <br /> material from the unapproved area. <br /> `6 . Failure to construct, maintain and reclaim sur- <br /> face work areas and transport facilities to mini- <br /> mize erosion and subsequent disturbances to the <br /> hydrologic balance . This alleged violation was <br /> vacated by OSM on May 18, 1979 . <br /> ''7 . Failure to remove, segregate, stockpile and pro- <br /> tect topsoil . This alleged violation was vacated <br /> by OSM on May 18, 1979 . <br /> ( c) and (d)--CF&I initiated two administrative proceedings <br /> before the Office of Hearings and Appeals of the U. S . De- <br /> partment of the Interior, located in Arlington, Virginia, <br /> in connection with NOV No. 79-V-3-5 . The first proceeding <br /> was filed on March 12 , 1979, and was assigned Docket <br /> No . DV 9-8-R. That proceeding was dismissed by order of <br /> the OHA on July 13 , 1979, based upon a settlement agreement <br /> between CF&I and OSM which vacated alleged violation Nos . <br /> 1 , 6 and 7 among its other provisions . <br /> On May 20, 1980, CF&I initiated an administrative proceed- <br /> ing, which was assigned Docket No. DV 0-15-P, challenging <br /> the validity of, and the civil penalties proposed by OSM of <br /> $2 , 500 and $600 for , alleged violation Nos . 2 and 5 , re- <br /> spectively . That proceeding was dismissed by order of the <br /> OHA on July 7 , 1980 , based upon a settlement agreement pur- <br /> suant to which the proposed penalties were reduced to <br /> $1, 200 and $0 for violation Nos . 2 and 5, respectively. <br /> ( f )--Thus, the final resolution of the seven alleged viola- <br /> tions contained in NOV No. 79-V-3-5 was as follows : <br /> 1 . Vacated. <br /> 2 . Affirmed; abated by implementation of an approved <br /> sedimentation control plan; civil penalty of <br /> $1, 200 . <br /> t <br /> 2.03-10 <br />