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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-94-013 <br />Notice of Violation C-94-013 was issued for "Failure to pass <br />disturbed area drainage through a sedimentation pond or treatment <br />facility before leaving the permit area. Failure to construct <br />sediment treatment facilities, specifically a disturbed area <br />diversion, prior to disturbing an undisturbed area. Failure to <br />construct a diversion to prevent additional contribution of <br />suspended solids to runoff outside the permit area. <br />Specifically, topsoil removal operations began prior to having <br />all sediment control diversions constructed". Tony Waldron <br />issued the NOV to Colowyo Coal Company at the Colowyo Mine on May <br />25, 1994. During a complete inspection on May 24-27, 1994 he <br />observed an area in the West pit, approximately 30 acres, where <br />topsoil was being stripped, but it was not within the sediment <br />control system. Additionally, this area was not shown as being <br />disturbed on the approved West Pit sediment control map. <br />The abatement required Colowyo to install sediment control for <br />,the area by May 27. Colowyo completed the ditch on May 26. <br />The abatement was modified to include submittal of the ditch <br />designs and the deadline was extended to June 10. On June 8, <br />1994 the NOV was further modified to include some drill holes <br />that drain into Taylor Creek. <br />Mr. Jim Kieger, representing Colowyo Coal Company, said the area <br />outside the sediment control system was part of the planned <br />disturbance area. It was included on the bonded area map. <br />Unfortunately, it was overlooked on the sediment control map. <br />Colowyo realized the lack of sediment control in this area a <br />couple days before the inspection and they were in the process of <br />designing and building a ditch at the time of the inspection. <br />The ditch was completed on May 26, 1994. The ditch did catch the <br />runoff from the drill holes, although Colowyo contends that <br />sediment control for these drill holes was already accomplished <br />by alternative sediment measures as allowed by Rule 4.05.5. <br />Colowyo felt the proposed civil penalty was too high and <br />requested a reduction. The proposed civil penalty was: <br />History $0.00 <br />Seriousness $1000.00 <br />Fault $1000.00 <br />Good Faith $250.00 <br />Total $1750.00 <br />Seriousness <br />Mr. Kieger felt the proposed assessment wa <br />opinion, this was a "failure to construct" <br />no drainage that went off the disturbed ar <br />been no precipitation to create runoff. A <br />proposed there was no offsite impact. <br />s too high. In his <br />violation. There was <br />ea, because there had <br />s stated in the <br />