ENFORCE25125 - Laserfiche WebLink

Home Browse Search

SETTLEMENT AGREEMENT JUSTIFICATION NOV C-95-016 Notice of Violation C-95-016 was issued for "Failure to construct and maintain appropriate and required sediment control measures to reduce erosion and to control sediment; failure to maintain required ditches (channels) to convey runoff from the fill surface; and failure to sepatately remove and segregate all topsoil prior to disturbance of areas affected by mining operations". Tony Waldron issued the NOV to Mountain Coal Company on May 26, 1995 at the West Elk Mine. The NOV was based on his May 10, 1995 inspection. An assessment conference was held on September 7, 1995. In the NOV Mr. Waldron cited three items at the Lone Pine Gulch development waste pile as described below. Mr. Waldron explained that a small area exemption had been granted for the Lone Piae Gulch development waste pile. Approved sediment control features consist of a diversion ditch above the pile, two perimeter ditches, a silt fence and vegetative cover. During his May 10, 1995 inspection, the silt fence below the waste pile was not properly installed and did not contain or treat runoff and sediment from the entire dis[vrtied area. Mr. Waldron showed photographs of the silt fence. The fence spanned a depressed area without being anchored to the ground, there were folds at the base of the fence in many areas and the fence was sagging in many spots. The second area he cited were the perimeter ditches around the pile, ditches DWP-E and DWP- W. He showed a photograph where the ditch was filled with material from the waste pile. This ditch was not functioning as designed. Lastly, the NOV apphed to topsoil that was not adequately segregated and salvaged from all areas affected by the waste pile. Specifically, there was one area in the southeast portion of the pile area, adjacent to the access road where waste material had been placed on top of the topsoil, outside the area of topsoil removal. Mr. Waldron showed a picture where the material was placed on a grassy area. Abatement for the NOV requved MCC to properly install the silt fence, clear ditches DWP-E and DWP-W [o achieve the permitted design and to segregate and salvage all topsoil from areas affected by the waste pile disturbance. The abatement measures were completed by MCC and Christine Johnson terminated the NOV on June 8, 1995. Representing Mountain Coal Company at the conference were Kathleen Welt, Scot Anderson, and Mike Savage. They requested that the NOV be vacated. First, Mr. Anderson stated there was no factual basis for the topsoil allegation. MCC felt the picture Mr. Waldron presented was misleading, no material actually fell beyond the topsoil removal area. Furthermore, MCC was concerned about allegations regarding the contamination of topsoil presented in Mr. Waldron's inspection report. According to MCC, the apparent spillover material in Mr. Waldron's photo was subsoil material, not waste and there was no threat of contamination. Mr. Savage conducted a soil survey whereby he concluded that no contamination had occurred.