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STATE OF COLORADO DIVISION Of MINERALS AND GEOLOGY DepanmeN of Nalurdl Rewurces 1111 Sherman SL, Ruom 215 Denver, Colorado B02U.1 Phone: I}IUI H6h-1567 FAY UU{I H}!-H10h SETTLEMENT AGREEMENT JUSTIFICATION Seneca Coal Company, Seneca II-W, C-82-057\CV-97-O15 Lames B. McArdle, Conference Officer ~/~1i I~~ DEt'ARTMENT OF NATURAL RESOURCES Roc Rnmer Go. ernnr lame 1. Lnchhwd E,rLmmc Untt mr Miih,irl H Lnn~; Urtnum Direr wr The Notice of Violation CV-97-O15 was served on September 26, 1997 for failure to maintain the primary spillway on pond 006, failure to maintain the nonclogging dewatering device on pond 006 and passing out-flow through the emergency spillway on pond 006. On December 1, 1997, an Assessment Conference was held. In attendance including myself was Mr. Brad Brown, Dennis Jones and Mike Altavilla of Seneca Coal Company also Ms. Erica Crosby and Mr. Larry Routten of the Division. Ms. Erica Crosby, of the Division of Minerals and Geology, presented testimony and documentation regazding inspections on September 24 and 26, 1997. On September 24, Pond 006 was dischazging water from the emergency spillway. The primary riser was plugged. The operator was given until September 26 to open the primary riser. The violation was terminated on September 26, as the operator had reestablished flow through the primazy riser and water ceased flowing out of the emergency spillway. Larry Routten indicated that the violation was for not maintaining the capacity of the pond The Proposed civil penalty for NOV CV-97-015 was: History $0.00 Seriousness $1,500.00 Fault $750.00 Number of Days Penalty Assessed 1 Good Faith $0.00 Total Civil Penalty Proposed by the Assessment Officer was $2,250.00 Mr. Michael Altavilla, Dennis Jones and Brad Brown commented on the NOV and conditions leading up to and causing the primary riser to plug. After a period of rainfall which amounted to 25 percent of the yearly rainfall falling in one week, overflow from upland disturbed and undisturbed areas plugged the trash rack with small sticks, due to the size of the trash rack openings. This resulted in settled water flowing out of the oversized emergency spillway. Water samples taken of water leaving the emergency spillway had 52 mgU of suspended solids, the daily limit is 70 mgU. Pond was functioning properly with the exception of the clogged riser.