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ENFORCE31450
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Last modified
8/24/2016 7:43:02 PM
Creation date
11/21/2007 12:59:15 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980001
IBM Index Class Name
Enforcement
Doc Date
5/20/1993
Doc Name
SETTLEMENT AGREEMENT
Violation No.
CV1993024
Media Type
D
Archive
No
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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-024 <br />Assessment Conference Summary <br />Nov C-93-024 was issued by Susan Morrison of the Division for <br />"[F]ailure to ensure that the construction and maintenance of <br />access roads into and across the site of operations will control or <br />prevent erosion and siltation, pollution of water, or damage to <br />public or private property". The wording of the NOV parallels the <br />wording of Rule 4.03.2(1), which was cited. The NOV applied to a <br />"pre-law" access road known as the "Goat Trail" which traverses a <br />steep slope between the mine shop at the top of the slope and the <br />tipple at the base of the slope. The NOV specifically cited <br />"...large gullies at road water runoff locations...". Ms. Morrison <br />noted in her April, 1993 inspection report and during the <br />conference that gullies in excess of 8 feet deep had formed on the <br />steep hillslope below the road switchback ditch outlet at Conveyor <br />Transfer Point A/B, and at the second switchback down from the <br />shop. Photographic slides showed deep gullies with near vertical <br />side slopes extending up to 100 feet below the road. Woody <br />vegetation was being undercut and roots exposed in some locations. <br />Ms. Morrison indicated that the gullies were flowing a small <br />quantity of water at the time of the inspection, and that she <br />observed soil material sloughing off the sides of one of the <br />gullies during the inspection. <br />The Operator representatives stated that the gullies were in place <br />prior to enactment of the surface mining law, and that there was no <br />evidence that they had worsened appreciably since that time. They <br />referenced certain inspection reports of 5/11/81, 9/29/81, and <br />11/27/81, and a P&M letter of 10/30/81, to support their contention <br />that the issue had been previously considered by the Division, and <br />that P&M and the Division had come to agreement that the gullies <br />could not be feasibly repaired until post-mine closing of the road. <br />Fact of Violation <br />Subsequent to the Conference, I reviewed the Division's July, 1992, <br />Permit Renewal Findings of Compliance for the Edna Mine, relevant <br />sections of the current permit application document, and the above <br />referenced inspection reports and correspondence. The record <br />confirms that the road was built "pre-law", evidently in the early <br />1950's. The application and findings authorize certain alternative <br />road design and construction criteria necessitated by the steep <br />grade of the road, excessive fill slope gradients, and pre-law <br />construction methods. The application references a steep slope <br />variance from approximate original contour for final reclamation. <br />The permit application contains a stability analysis as required by <br />Rule 4.03.2(1)(e) to demonstrate environmental soundness and <br />reclamation feasibility. <br />
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