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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-94-024 <br />Notice of VioLttion C-94-024 was issued for "Failure to maintain Impoundment No. 1 so as <br />to ensure proper function of the primary outlet; so as to provide adequate vegetation or other <br />surface stabilization of embankment against erosion; so as to provide proper riprap at the <br />emergency spillway". Dave Berry issued the NOV from the office on September 29, 1994 to <br />Slurco Corporation for the Canadian Strip Mine, An assessment conference was held on <br />December 5, 1994 with Dave Berry representing the Division of Minerals and Geology and <br />Jerry Koblitz representing Slurco Corporation. <br />Dave Berry explained that the NOV resulted from an inspection of the Canadian Strip Mine <br />on September 27, 1994. Canadian Strip is a reclaimed surface coal mine in Jackson County. <br />Impoundment No. 1 is a permanent impoundment. During his inspection he observed a large <br />piece of plastic in the primary outlet spucture, significant erosion on the inslope of the pond, <br />and the emergency spillway riprap had weathered completely, He showed slides of each <br />feature. All of these features were observed in October, 1993 during the engineer's annual <br />inspection of the ponds. The abatement for the NOV was extended until December 28, 1994. <br />Jerry Kobhtz had requested that the NOV be vacated for the following reasons. The plastic <br />in the pond had been observed, as stated by Dave Bury, in October, 1993. It could not be <br />removed at that time. During later visits there was water in the pond and it could not be <br />removed. They do not know how the plastic got there, although the pond is easily accessible <br />to the public. He contends that the plastic did not hinder the function of the primary <br />spillway. The erosion on the inslope of the pond has been monitored by an engineer for <br />several years. The area of concern is under water during high water months so a permanent <br />vegetative cover to minimize erosion would be impossible to establish. He did not feel the <br />stability of the pond embankment was in jeopardy. Furthermore, the erosion was observed <br />by a Division inspector in July, 1994. No recommendations to repair it or stabilize it were <br />made. Mr. Koblitz said there was some riprap in the emergency spillway although some of <br />it is silted in. He questioned whether riprap is even required in the emergency spillway. A <br />technical revision has been submitted requesting that it be deleted. <br />Based on the information presented in the conference, I will uphold the NOV. The plastic <br />blocking the spillway and the erosion on the inslope could prevent the pond from functioning <br />as designed. <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $500.00 <br />