Laserfiche WebLink
<br />1 <br />i <br />III III III III IIII III <br />999 <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-133 <br />Notice of Violation C-93-133 was issued for °Failure to pass <br />disturbed area drainage through a sedimentation pond, a series of <br />sedimentation ponds, or through a treatment facility°. Dan <br />Hernandez issued the NOV to Energy Fuels Coal Inc., on September <br />22, 1993 at the Southfield Mine. Shawn Smith, representing the <br />Division of Minerals and Geology, said there were two areas <br />without sediment control, the explosives bunker and an area <br />measuring 97 feet x 16 feet in the loadout near the eastern <br />sediment pond. <br />The explosives bunker area is the subject of a Technical Revision <br />to establish a sediment control plan. It is located on pre-law <br />spoils and erosion is compounded by the instability of the <br />material. Above the bunker area is a culvert outlet from the <br />Corley property which contributes to the erosional problems. <br />At the loadout area, there was a breached berm. Runoff was going <br />outside the permitted area and following the railroad track. <br />Some coal fines were observed outside the disturbed area. The <br />extent of the flow was minimal and the duration was short. It <br />was in compliance two weeks prior to the inspection. <br />Alan Weaver, representing Energy Fuels Coal Inc., did not contest <br />the fact of the violation. He did request a review of the <br />proposed civil penalty. The proposed civil penalty was: <br />History $150.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $1400.00 <br />History <br />NOV C-93-103 was incorrectly assessed for history. It was not <br />issued to Energy Fuels Coal Inc. $100.00 is assessed. <br />Seriousness <br />Mr. Weaver clarified that the runoff from the breached berm <br />stayed on the permit area. It would have to follow the railroad <br />tracks 300 feet before going offsite. <br />Slight rillinq and erosion had occurred at the bunker area. Mr. <br />Weaver feels it is due primarily to the culvert discharge from <br />the Corley property. <br />I agree with the proposed penalty. Nothing was presented to <br />warrant a reduction in the seriousness component. <br />Fault <br />