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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-154 <br />Notice of Violation C-93-154 was issued for ^Failure to construct <br />and maintain diversions according to designs in the mine permit". <br />Larry Routten issued this NOV to Western Fuels Utah for the <br />Deserado Mine on December 16, 1993. He explained that the <br />permanent diversion on the east (NOV incorrectly says south) side <br />of the Refuse Disposal Area (RDA) #2-3 had downcut for a length <br />of 200 feet with vertical sides up to three feet deep. The <br />design specifications could not be located, but he was convinced <br />this ditch was designed as such. The diversion on the west, <br />northwest (not north as stated in NOV) side of RDA #4 was silted <br />in at the lower end, there was no defined channel. The berm was <br />still intact and there was no evidence of breaching. The permit <br />design for this ditch required 12 inch riprap for gradients <br />greater than 5~. No riprap was observed in the ditch. Pictures <br />of each area were shown. <br />Murari Shrestha and Jeff Dubbert, representing Western Fuels Utah <br />(WFU) agreed that there was no riprap in the diversion ditch <br />around RDA #4, although there was adequate drainage. Riprap is <br />not necessary to control erosion in the ditch, it is well <br />vegetated. They will submit a TR to eliminate this requirement. <br />Last summer they did have a silt problem in the lower end of the <br />ditch. All repair work for the two ditches was conducted <br />immediately and completed by December 17, 1993. WFU <br />representatives requested a good faith reduction. <br />The proposed civil penalty was: <br />History $100.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $600.00 <br />Seriousness <br />I agree with the proposed penalty. <br />ault <br />I agree with the proposed penalty. <br />Good Faith <br />The on-the-ground work was completed the day after the NOV was <br />issued. I believe this is the shortest time possible and <br />represents an extraordinary effort. Step 2 of the abatement <br />required WFU to install riprap on the RDA #4 diversion. WFU <br />representatives do not feel riprap is necessary and submitted a <br />TR on January 26, 1994. <br />I propose a $250.00 reduction for good faith. <br />Settlement Agreement Penalty $350.00 <br />• <br />