Laserfiche WebLink
SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-135 <br />Notice of Violation C-93-135 was issued for "Failure to control <br />and prevent erosion and siltation from Road A". Susan Burgmaier <br />issued the NOV to Peabody Western Coal Company on September 24, <br />1993 at the Seneca II-W Mine. A gully was observed at the outlet <br />of culvert A-3. It was approximately 400 feet long, 200 feet of <br />which extended beyond the permit area. At its deepest the gully <br />was 15 inches and 12 inches wide, however for the most part it <br />was a braided channel, a few inches deep. Deposition of material <br />was observed beyond the permit area. The material was considered <br />non-toxic; it will remain in place and be seeded. Slides were <br />shown. <br />Representatives of Peabody Western Coal Company did not contest <br />the fact of the violation. They did want to review the proposed <br />civil penalty. The proposed civil penalty was: <br />History $0.00 <br />Seriousness $750.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Total $1250.00 <br />Seriousness <br />Peabody felt this component was too high. The channel was mostly <br />a braided channel a few inches deep. They clarified that the <br />off-site deposition was limited to an old stream channel. The <br />material was mostly fine soil with only 5-10$ coal fines. <br />During the assessment conference I said i would consider a <br />reduction in seriousness. However, I conclude it is appropriate <br />since off-site impact did occur. The extent of the impact was <br />relatively small which is reflected in the penalty. <br />ault <br />I agree with the proposed penalty. <br />Good Faith <br />The abatement required Peabody to seed the deposited material, <br />provide the Division with a plan to minimize erosion and <br />siltation from the haul road and implement the plan by October <br />31, 1993. The abatement steps were all completed by October 28, <br />1993. Peabody installed rock lining and rock check dams at the <br />inlet and outlet of the culvert to minimize erosion and prevent <br />further damage. This was done shortly after the inspection <br />before the plan had been submitted and approved by the Division. <br />I believe this represents the shortest time possible and an <br />extraordinary effort to minimize and prevent further damage. A <br />good faith reduction of $200.00 is proposed. <br />Settlement Agreement Penalty Proposed $1050.00 <br />