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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 />sto <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 />