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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-137 <br />Notice of Violation C-93-137 was issued for "Failure to collect <br />subsidence data as outlined by Exhibit 7C of the permit and as <br />required by Rule 2.05.6(6)(c)(D).^ Kent Gorham issued the NOV to <br />Twentymile Coal Company based on his review of the subsidence <br />monitoring report, for the period of July, 1992 - December, 1992 <br />at the Foidel Creek Mine. It was issued from the office on <br />September 30, 1993. A letter dated September 30, 1993 was <br />attached outlining the specific reasons. He explained them in <br />the conference as follows: <br />1. Baseline data for lines A-A' and B-B' was not collected <br />one month prior to the commencement of longwall mining as <br />required by the permit, and Rule 2.05.6(6)(c)(i)(D). <br />2. One week of data collection was not done between <br />12/22/92 and 1/7/93 (15 days). It is important to monitor <br />every week in order to be able to correlate any subsequent <br />impacts that may occur. <br />3. Line A-A' was not completely surveyed each week as <br />required by the permit. It is important to survey the whole <br />line to adequately define the angle-of-draw especially <br />since, the anglerof-draw is greater than what was <br />anticipated in the permit. it was predicted to be 16 <br />degrees and in some places it has been measured at 32 <br />degrees. The conditions in this panel are different from <br />previous panels and it is important to monitor the entire <br />line to ensure that no data is missed. <br />4. The semi-annual submittal was perceived by the Division <br />to be tardy, having been received by the Division in its <br />final form almost 3 months after the reporting period. Rule <br />2.05.6 (6)(c)(i)(E) requires the results of the monitoring <br />program to be submitted semi-annually. The last report had <br />been submitted in I~Sarch, 1993. This is not considered part <br />of the NOV. <br />Rick Mills, representing Twentymile Coal Company, offered the <br />following comments to each respective issue identified above. <br />Additionally, Twentymile Coal Company had submitted a letter in <br />response to the allegations on October 19, 1993. <br />1. The data was collected 15 days prior to the commencement <br />of longwall mining. <br />2. The one week of missing data occurred during the holiday <br />season. The individual responsible for collecting the data <br />requested some time off for the holidays. The Senior <br />Engineer responsible for the subsidence monitoring felt the <br />data from the previous and following week would meet the <br />