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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-94-023 Notice of Violation C-94-023 was issued for "Failure to design and construct sediment control measures to prevent additional contributions of sediment to runoff outside the permit area". Erica Crosby issued the NOV to Grand Valley Coal Company on September 22, 1994 at the Munger Canyon Mine. An assessment conference was held by phone on November 2, 1994. The NOV applied to the fan area and a small portion of the facilities area. A berm and silt fence were in place around the fan serving as effective sediment control. However, there was no mention of this small area exemption in the permit. At the facilities area, an area approximately 200 square feet would not drain into an approved small area exemption. There was no runoff or evidence of any damage. Ms. Crosby said the NOV has been abated. Mr. John Walters, representing Grand Valley Coal Company (GVCC), did not contest the fact of the violation or the proposed civil penalty. He requested that a good faith reduction be considered for rapid compliance and extraordinary effort in abating the NOV. The abatement required GVCC to submit a Minor Revision by September 30, 1994 and to implement the design by October 10, 1994. Mr. Walters explained that the necessary maps were provided to Ms. Crosby during the inspection, before the NOV was actually issued. The calculations were faxed to the DMG office on September 23 and the hard copy was received by the DMG on September 26, 1994. The design was implemented on October 6, 1994 upon notice of DMG approval. The proposed civil penalty was: History $0.00 seriousness $0.00 Fault $250.00 Good Faith $0.00 Total $250.00 I agree with the seriousness and fault components. I am recommending a $250.00 reduction for good faith. The operator revised the mylar and printed three copies of the proposed changes while the inspector was on site. The supporting calculations were faxed the next day. As soon as the DMG approved the revision, the operator installed the required sediment control features. I conclude this represents extraordinary effort and the shortest time possible. The NOV could not have been abated any faster. Settlement Agreement Penalty $0.00