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ENFORCE30323
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Entry Properties
Last modified
8/24/2016 7:37:07 PM
Creation date
11/21/2007 12:35:27 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980001
IBM Index Class Name
Enforcement
Doc Date
5/11/1993
Doc Name
SETTLEMENT AGREEMENT
Violation No.
CV1993027
Media Type
D
Archive
No
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<br />BETTLEMENT AGREEMENT JIISTIFICATION <br />NOV C-93-027 <br />Assessment Conference Summary <br />NOV C-93-027 was issued by Susan Morrison of the Division for <br />"[F]ailure to construct and maintain runoff and sediment control <br />measures and culverts as required by the approved permit <br />application package". The NOV cited three specific items; a berm <br />on the west side of the coal stockpile in the shop/warehouse yard, <br />straw bale filters on the Goat Trail access road at ditch outlet <br />locations, and Moffat haul road culvert E-12. <br />The Operator representatives contended that the berm cited in the <br />NOV as being in need of maintenance was not the containment berm <br />depicted on Exhibit 3.6-3, but was a safety berm not required for <br />drainage control. After some consideration, the Division <br />representatives concluded that this was the case and indicated that <br />the NOV would be modified appropriately. The operator <br />representatives acknowledged that the straw bale sediment filters <br />were not in place. They conceded that the referenced culvert was <br />partially blocked, but stated that it was largely ice and snow, and <br />pointed out that the culvert had functioned effectively as <br />evidenced by sediment which had filled in the ditch below the <br />culvert outlet (see NOV C-93-026). Ms. Morrison contended that the <br />culvert partial blockage was largely coaly sediment. <br />Fact of Violation <br />I conclude that a violation did occur with respect to the straw <br />bale sediment checks which were not in place and Culvert E-12, <br />which was partially blocked. The consequences of these <br />deficiencies would appear to be relatively minor, as discussions <br />during the conference resulted in both Division and Operator <br />representatives questioning the need for the culvert and the <br />effectiveness of the straw bale sediment checks in the specified <br />locations. A violation apparently did not occur with respect to <br />the cited berm, and the NOV is being modified accordingly. <br />Civil Penalty Assessment <br />Proposed Penalty Assessment <br />History $ 0.00 <br />Seriousness 1000.00 <br />Fault 500.00 <br />Good Faith 0.00 <br />Total $1500.00 <br />History <br />
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