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SETTLEMENT AGREEMENT JUSTIFICATION <br />Seneca II-W MinelPermit C-1982-057 <br />Notice of Violation # CV-2000-007 <br />James B. McArdle, Conference Officer ~~ <br />The Notice of Violation CV-2000-007 was issued on October 2, 2000 after a site inspection <br />conducted on September 28, 2000. The NOV was issued for failure to complete construction of <br />sediment pond 016 prior to creating disturbance on lands draining into the pond. <br />On December 4, 2000, an Assessment Conference was held at 1313 Sherman Street, Room 215, <br />Denver, Colorado. in attendance were Mr. James McArdle, Mr. Michael Altavilla and Mrs. <br />Sandra Btown. Mrs. Sandra Brown presented testimony and documentation in the form of the <br />NOV and photo's, indicating that this was a violation of the performance standard. Topsoil <br />salvage operations began above the pond prior to installing the secondary spillway. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV-2000-007 is: <br />History $50.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Mr. Michael Altavilla, P.E. for Seneca Coal Company provided testimony regazding the actions <br />of the Company. A plan drawing of the sediment pond 016 was provided together with a <br />topographic map showing the 154 acres draining into the pond. Seneca Coal Company is now <br />building sediment ponds in consideration of the worst case disturbance. This pond was built to <br />handle 154 acres of disturbance with a capacity for a IO year, 24 hour event. The primary <br />spillway was functional and the remaining work was to install the emergency spillway, riprap <br />installation, topsoil replacement and seeding. Silt fence was installed downstream of the <br />sediment pond. No dischazge occurred from a recent storm event. Approximately 4-5 acres were <br />disturbed above the pond prior to installing the secondary spillway. <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />Histo <br />A $50.00 penalty is appropriate for history. <br />Seriousness <br />I concur that the level of seriousness, in this instance, should be set at insignificant but that <br />$250.00 would be appropriate. The pond was build to handle disturbance on 154 acres, the <br />primary outlet was functional, the pond was functioning as a sediment containment for the 4-5 <br />