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1 <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-94-011 <br />Notice of Violation C-94-011 was issued for "Failure to conduct <br />monthly rill and gully inspections". Susan Burgmaier issued the <br />NOV to the Meadows #1 Mine, from the Division of Minerals and <br />Geology office on May 25, 1994. She had conducted a complete <br />inspection of the mine May 23 and 24, 1994. Ms. Burgmaier <br />explained that when she did the records check she did not find <br />any record of the required monthly rill and gully inspections. <br />Dan Ellison, a contractor to Sun Coal Company, said he had not <br />been doing the inspections. This was verified over the phone by <br />Mr. Bryan Archer of Sun Coal Company. Ms. Burgmaier said the <br />inspections had been done through 1992 and reports were submitted <br />to the Division, but there were no further records. This had <br />been discussed and noted in two inspection reports during 1993. <br />Ms. Burgmaier cited 34-33-111 and Rule 2.05.4(2)(c), requiring <br />soil stabilization plans, and Page 378 of the permit which <br />requires a monthly inspection for rills and gullies. She cited <br />these because Sun Coal had not ensured, through their required <br />rill and gully inspections, that the soil was stabilized. <br />Additionally, Sun Coal had not followed through on their permit <br />commitment. She did not observe any rills and gullies of concern <br />or any that were not compatible with the post mining land use. <br />Mr. Mike Savage, representing Sun Coal Company, referenced a <br />letter dated June 7, 1994 submitted by Sun Coal Company <br />requesting that the NOV be vacated based on a lack of evidence <br />and improper citations. However, after Ms. Burgmaier's <br />presentation he had a slightly different interpretation of the <br />NOV. Essentially, it was issued as an administrative violation <br />for failure to conduct the monthly surveys, not because there <br />were excessive rills and gullies on the mine site. <br />Sun Coal Company received the NOV on May 31, 1994. On June 1, <br />representatives of Sun Coal met on the mine site to conduct the <br />survey and to develop a repair plan. The Division received the <br />survey on June 8, 1994 and the NOV was terminated on June 9, <br />1994. <br />Based on the information presented in the conference I will <br />uphold the NOV. There were comments in two inspection reports <br />during 1993 and there was nothing regarding the rill and gully <br />survey reported in the semi-annual reports as had been done in <br />previous years. Additionally, two representatives of Sun Coal <br />Company had told the inspector the surveys were not conducted. <br />This is adequate evidence for me. I feel rill and gully <br />inspections are critical to ensure soil stabilization and thus <br />the regulatory and permit citations are correct. <br />