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.- STATE OF COLORADO DIVISION OF MINERALS AN D GEOLOGY Dcpanmenl n( Natural Hr.uun vs I 117 Sherman SL, Rouen ! 1 . + L Dcnvcr, Colorado 1111!111 I ~ ~ ` Phone IJ07) Nfi6-.1567 I I F!s% (3071HS1~N 1116 DEPARTMENT O NATURAL RESOURCE: Roy Romer Governor SETTLEMENT AGREEMENT JUSTIFICATION Tames S. Lochhead EReculive Dnecbr NOV C-96-013 Michael B. Long Drvrsion Direcbr Notice of Violation (NOV) C-96-013 was issued for failure to separately remove and segregate subsoil material; failure to remove the subsoil so as to protect the physical and chemical properties of the soil; and, failure to obtain approval prior to implementing a subsoil storage pile. Mr. David Berry issued the NOV to Mountain Coal Company (MCC) on June 18, 1996. During a June 12, 1996 inspection of the West Elk Mine Site, Mr. Berry observed that a dozer had mixed and rutted subsoil and refuse material on the lower refuse pile north and east bench. Ms. Christine Johnston stated that the dozer had been stuck due to wet conditions. On a June 13, 1996 inspection, Mr. Berry observed that subsoil was actively being placed in an unpermitted area on top of the active lower refuse pile. Also, a dozer was pushing refuse material downward [o ramp onto the bench area where soil salvage operations were occurring. The ramping activity caused refuse material to be spread over an area of approximately 27'x30'x18" burying subsoil which was required to be salvaged. During the September 26, 1996 conference, David Berry presented written, oral and photographic evidence supporting the Notice of Violation. Also, during the conference, Mr. Mueller, Mr. Every and Ms. Johnston (all with MCC) provided the following written information: • Investigation of Refuse and Suitable Construction Materials at the lower Refuse Pile; • Approximate Topsoil Stockpile Volumes; • Precipitation Data; and • Pages 2.05-4 and 2.05-55 of the Permit, Volume 1. In part, the company does not feel that a violation exists, because of the following reasons: • Mixing coal refuse from the Lower Refuse Pile and suitable construction material at the West Elk Mine did not detrimentally affect the chemical and physical nature of the mixture for use as a plant growth medium. • Requirements that topsoil only be moved when dry pertained to climatic events, not surface moisture factors. • Sufficient topsoil and subsoil exists to reclaim all of the disturbance at the West Elk Mine.