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r~ <br />~ ~ <br />SETTLEMENT AGREEMENT NSTIFICATION <br />NOV C-93-079 <br />Notice of Violation C-93-079 was issued for "Failure to maintain <br />various drainage and sediment control features so as to protect <br />hydrologic balance and offsite sediment contributions." Dave <br />Berry and Kent Gorham issued this NOV on May 20, 1993. This <br />violation applied to eight specific locations as identified in <br />the inspection report dated May 18-20, 1993. The areas of most <br />concern were two locations where sediment was placed outside the <br />sediment control system and two locations where material had the <br />potential to damage a small area exemption. <br />Twentymile Coal Company, represented by Rick Mills and Marcus <br />Middleton did not contest the fact of the violation. they did <br />want to discuss the penalty. The proposed civil penalty was: <br />History $50.00 <br />Seriousness $500.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Seriousness <br />TCC wanted to reiterate that there was no evidence of offsite <br />transport of material resulting from these maintenance problems. <br />This was taken into account in the proposed penalty, and I agree <br />with it. <br />Fault <br />There was little discussion regarding this component. I agree <br />with the proposed penalty. <br />Good Faith <br />The operator requested a good faith reduction. TCC brought in <br />contractors, over the weekend and on an overtime basis, to <br />complete the abatements by the following week. The abatement <br />deadline was May 31, 1993 and the work was fully completed on May <br />26 when Mr. Berry terminated the NOV. A majority was completed <br />by May 22. i propose to reduce to penalty by $250.00 for good <br />faith. <br />Settlement Agreement Penalty Proposed $800.00 <br />