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~: SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-146 Notice of Violation C-93-146 was issued for "Failure to maintain sedimentation pond. Sediment level was up to the primary discharge tube". The NOV was issued for the Rimrock Strip Mine on November 3, 1993 by Joseph Dudash. Wally Erickson was representing the Division at the assessment conference. He stated the approved plan allows the sediment level in the pond to go up to two feet below the discharge pipe and still have adequate capacity. During the October 26, 1993 inspection, sediment was at the level of the pipe. Pictures of the pond and pipe were shown. There were three abatement steps. The NOV was terminated December 13, 1993. The proposed civil penalty was: History $550.00 Seriousness $250.00 Fault $500.00 Good Faith $0.00 Total $1300.00 History Rimrock Coal Company has been issued six NOV•s and one CO during the past twelve months. Three of the NOV~s (-053, -085 and -100) are in the review process and do not count at this time. $400.00 seriousness I agree with the proposed penalty. F t Mark Kerr, representing the operator,Landmark Reclamation, Inc., requested a reduction in seriousness. He stated that since it was winter there was no probability of problems. Even if the discharge pipe silted in the runoff would have to go over the emergency spillway. I agree with the proposed penalty. Sediment accumulation could have been cleaned out of the pond the previous fall. I am not convinced there would be no probability of problems. The proposed penalty represents low/moderate negligence. Good Faith An extension was granted for abating the NOV. It was abated by the extended deadline of December 10, 1993. Although, I feel the NOV was abated in a timely manner, I do not believe it was the shortest time possible. I am not recommending a good faith reduction. Settlement Agreement Penalty $1150.00