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i <br /> SETTLEMENT AGREEMENT JUSTIFICATION <br /> NOV C-93-078 <br /> Notice of Violation C-93-078 was issued for "Failure to properly <br /> protect topsoil resources, failure to protect areas not <br /> designated for disturbance and passage of vehicle traffic on <br /> areas not approved for vehicular traffic. " Kent Gorham and Dave <br /> Berry of the Division issued the NOV on May 19, 1993. Two <br /> separate areas of the mine site were included in this violation. <br /> First, a culvert was removed downstream of Pond B under wet <br /> conditions. No topsoil was salvaged. Some vegetation was <br /> damaged. The second area was of greater concern. Under very wet <br /> conditions, a vehicle drove around Pond T, on and around the pond <br /> embankment and on the topsoil stockpile located nearby. The <br /> vehicle became stuck and a forklift was brought in to assist it. <br /> Deep rutting occurred as a result and vegetation was damaged. <br /> There was a long stretch of slopes with ruts creating a path for <br /> runoff and potential erosion. <br /> Marcus Middleton and Rick Mills, representing, Twentymile Coal <br /> Company, did not contest the fact of the violation. They added <br /> that a contractor was using an established two-track access road <br /> established for pond maintenance of Pond T. The large <br /> disturbance occurred as a result of the forklift. The contractor <br /> used poor judgement by attempting to access the pond under such <br /> wet conditions. They felt the proposed civil penalty was too <br /> high. <br /> The proposed civil penalty was: <br /> History $50.00 <br /> Seriousness $750.00 <br /> Fault $1000.00 <br /> Good Faith $0.00 <br /> Total $1800.00 <br /> History <br /> There was no discussion regarding the history component. <br /> Seriousness <br /> The operator felt the seriousness penalty was too high. There <br /> was no loss of the topsoil resource and damage due to compaction <br /> was alleviated. Although both areas were outside the sediment <br /> control system, there was no sediment flowing offsite. All areas <br /> were revegetated. <br /> I believe actual damage was minimal , but the potential for <br /> greater damage was there because of the deep rutting at Pond T <br /> and the fact that both areas were outside the sediment control <br /> system. I propose to reduce this to $500.00. <br /> Fault <br />