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JUSTIFICATION OF SETTLEMENT AGREEMENT <br /> NOTICE OF VIOLATION C-92-035 <br /> Conference Summary <br /> NOV C-92-035 was issued for " [f]ailure to protect topsoil from wind <br /> and water erosion and contamination which would lessen the <br /> capability of the material to support vegetation. Coal fines have <br /> chemically and/or thermally impacted the existing soil stabilizing <br /> vegetation and may have affected the capability of the topsoil to <br /> support future vegetation that is effective and permanent". The <br /> NOV was issued by Steve Shuey of the Division on November 24, 1992, <br /> based on his November 18, 1992 inspection of the Orchard Valley <br /> Mine. <br /> Mr. Shuey explained that the topsoil of concern is stored on the <br /> outslope of the mine bench fill. A potential problem with <br /> contamination from coal dust was observed in May, 1992, and the <br /> operator erected a silt fence at the crest of the slope at that <br /> time to address the problem. Coal fines were not observed to be <br /> accumulating on the topsoil until the November inspection, when <br /> accumulations up to 6" thick were observed on approximately 5 to 10 <br /> percent of the topsoiled outslope. Additional measures have since <br /> been taken in partial abatement of the violation, but cleanup of <br /> coal fines from the slope has not been completed due to snow cover <br /> and muddy conditions. <br /> Mr. Koehler was in basic agreement with the facts as stated by Mr. <br /> Shuey. He acknowledged that some topsoil was contaminated by coal <br /> fines but argued that a relatively small quantity of soil was <br /> actually affected. Mr. Koehler also stressed that between May and <br /> November, the silt fence appeared to have functioned well in <br /> preventing deposition of fines on the outslope and that the <br /> conditions observed by Mr. Shuey on November 18 were the result of <br /> a rapid build-up due to weather and site conditions over a short <br /> period of time. <br /> Fact of Violation <br /> The fact of the violation was not contested. <br /> Proposed Penalty Assessment <br /> History: $ 50.00 <br /> seriousness 1000. 00 <br /> Fault 250. 00 <br /> Good Faith 0. 00 <br /> Total: $1300. 00 <br />