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<br />Justification of Settlement Agreement <br />for <br />NOV No. C-92-032 <br />Harrison Western <br />GEC Mine <br />An assessment conference was convened to consider NOV No. C-92-032 on <br />Wednesday, December 9, 1992 at 10:00 AM in the office of the Division of <br />Minerals and Geology, Denver, Colorado. In attendance at this conference were; <br />Mr. Robert Williams of Harrison Western, Mrs. Cathy Begej and Mr. Dan Hernandez <br />of the Division of Minerals and Geology, Coal Program and Mr. James B. McArdle <br />of the Division of Minerals and Geology, Active and Inactive Mine Program and <br />Presiding Assessment Conference Officer. <br />NOV No. C-92-032 was written by Mrs. Begej during October 27, 1992 ae a result <br />of a citizen complaint and request for inspection. This NOV was written for <br />failure to stabilize and protect topsoil from erosion in accordance with the <br />Regulation Section 4.06.3 (2) and Act Section 34-33-120 (2) (e). The Division <br />allowed Harrison Western to incorporate topsoil and subsoils within the <br />footprint of a diversion ditch berm constructed on the downhill aide of the <br />diversion cut. Harrison Western was required to stabilize the berm and <br />disturbed areas with a grass mix and mulch. The initial ditch and berm was <br />constructed, seeded and mulched during the week of June 11, 1992. On July 1, <br />1992, Dan Mathews requested additional stabilization of the berm ae well ae an <br />increase in height. Heavy rains during a period from July 17 and Auquet 26 <br />resulted in a merging of two drainage ways and the erosional lose of the <br />diversion berm. <br />After some discussion, I, James B. McArdle, concluded that the Division did not <br />require the small amount of topsoil located on the footprint of the diversion <br />to be segregated and stockpiled in an area not prone to erosion and flooding. <br />in fact, the Division allowed the small amount of topsoil to be mixed with the <br />subsoils for use as a construction material, specifically for the drainage berm <br />construction. Topsoil was not specifically stockpiled with intent to segregate <br />and protect. The stabilization method required by the Division involved <br />seeding and mulching the disturbed areas. The operator was in the process of <br />complying with the Division's recommendations for stabilization upon onset of <br />heavy rainfall. I recommend that this NOV for failure to stabilize and protect <br />topsoil from erosion be vacated. <br />