ENFORCE26131

• Permit No: C1981047
• IBM Index Class Name: Enforcement
• Doc Date: 3/8/1982
• Doc Name: PROPOSED SETTLEMENT FOR BLUE RIBBON NOVS 81-43 AND 81-44
• From: MLRD
• To: DAVE SHELTON
• Violation No.: CV1981044
• Media Type: D
• Archive: No

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DEPARTMENT OF NATURAL RESOURCES
D. Monte Pascoe. Executive Duector
MINED LAND RECLAMATION DIVISION
DAVID C. SHELTON Director
R¢hdrtl D. Ldmm
Governor
TO:
FROM:
RE:
Plarch 8, 1982
Dave Shelton
Tom Gillis
Proposed Settlement for Blue Ribbon N.O.V.'s 81-43 and 81-44
I have reviewed Western Associated Coal's proposed settlement for N. O. V. 's
81-43 and 8I-44 and forward the following comments for your consideration.
W.A.C. has argued that they were cited twice for the same violation, and in
terms of the type of disturbances created, this is true. The primary reason
for writing two separate N.O. V. 's was that the regulatory sections which cover
material being placed on the downslope of a mine bench differ significantly
from sections covering access road embankments. I have no problem with combining
the two N. O.V.'s, as long as the amount of the assessment under Seriousness is
increased sufficiently to account for both disturbances.
W.R.C. has also argued that the amount of penalty assessed under. Seriousness
should be reduced substantially. I concur with their arguments in terms of
N.O.V. 81-94 (reduction from $875.00 under Seriousness to $218.75), but not
8I-43. N.O.V. 81-43 considers the stability problems created by the access
road improvements as well as the destruction of vegetation, and the stability
concerns were not discussed by w.A.C. in their proposal for penalty reduction.
During the March 9, 1982 inspection of the Blue Ribbon mine, this concern was
evidenced by two distinct slope failures along the access road, one being large
enough to completely block the roadway. As such, the amount of penalty assessed
under Seriousness for N.O.V. 8I-43 should remain at $1,312.50. Damage did
occur from the two landslides, and the duration of damage is likely to be
long due to the length of time required to clean up the area and the probable
long-term nature of the stability problems created by removing the toe of the
landslide body when the access road was initially improved.
with these considerations in mind, I recommend that the proposed amount of
civil penalty for N. O. V. 's 81-43 and 81-44 be adjusted as follows:
I. Combine 81-43 and 81-44 into 81-43 and increase the amount under
Seriousness by $218.75.
2. Total assessment then becomes:
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