Laserfiche WebLink
<br /> <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-111 <br />Notice of Violation C-93-111 was issued for "Failure to pass <br />surface drainage from a disturbed area through a sedimentation <br />pond, a series of sedimentation ponds, or a treatment facility <br />before leaving the permit area." Wally Erickson, representing <br />the Division of Minerals and Geology, explained that the ditch <br />and sump surrounding the topsoil stockpile, east of Engleville <br />gulch, breached. During his inspection on July 19, 1993 he <br />noticed some low spots in the ditch where water had previously <br />overtopped the ditch. A large rainstorm occurred during the <br />course of this inspection and the ditch and sump both failed. <br />Water from the ditch flowed into an irrigation ditch and then <br />into Engleville Gulch. Runoff from the sump discharged directly <br />into Engleville Gulch. Slides of the breached ditch, before and <br />after the rain, were shown. <br />Mr. Mark Kerr of Landmark Reclamation, Inc. and representing <br />Rimrock Coal Company, did not contest the fact that the ditch and <br />sump had failed. He did request a reduction in the proposed <br />civil penalty for seriousness and a good faith reduction. <br />The proposed civil penalty was; <br />History $350.00 <br />Seriousness $750.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $1350.00 <br />Historv <br />There have been 2 NOV's and 1 CO upheld during the past twelve <br />months. <br />Seriousness <br />Mr. Kerr requested that this component be reduced. The amount of <br />untreated water was small in comparison to the amount from the <br />entire permit area. Therefore, he felt the seriousness penalty <br />should be low. <br />Based on information presented in the conference, I disagree. <br />There was a higher volume of water flowing through the breached <br />sections than what would be expected just from the topsoil <br />stockpile. Although, I agree, it was small in comparison to the <br />rest of the permit area. It appeared some water from the upslope <br />undisturbed area was also passing through the ditch. <br />The factors to consider when assessing seriousness are whether or <br />not damage did occur, and the extent and duration of damage. In <br />this situation damage did occur. Water was discharging directly <br />