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T~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1313 Sherman St., Room 21 5 Ily~~ <br />Denver, Colorado 80203 I <br />Phone: 13031 866 3 56 7 <br />FAX: U031 832-8106 <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />SETTLEMENT AGREEMENT JUSTIFICATION Governor <br />fames S Lochhead <br />NOV C- 9 6 - 0 12 Exec ulive Director <br />Michael B. Long <br />Division Dveclor <br />Notice of Violation C-96-012 was issued for failure to construct <br />and maintain approved surface runoff control structures at the No. <br />7 North Escape Shaft. <br />Mr. Kent Gorham issued the NOV to Twentymile Coal Company on May <br />22, 1996 during a partial inspection of the Foidel Creek Mine Site. <br />Kent observed numerous gullies on the pad outslope area due to <br />spring runoff. Runoff and eroded material overtopped the existing <br />downslope silt fence and deposited material on a previously <br />reclaimed area (80' x 300'). A minimum amount of flow passed <br />through the constructed ditch and rock filter to the east as <br />designed. The majority of flow was restricted from the proper flow <br />diversion due to a pile of cuttings/material which forced the water <br />flow out across the pad area and over the fill slope. <br />Mr. Karl C. Koehler requested good faith considerations. On the <br />same day of the inspection and the NOV, the company complet d the <br />primary corrective actions of restoring the drainage contr~l for <br />the road, pad and outslope and reconstruction of the silt fence <br />barrier. The remaining abatement which required repair of the <br />gullies and cleanup of the deposited material was completed 2 weeks <br />later due to soil moisture conditions. <br />Mr. Koehler also requested reconsideration of the seriousness of <br />the violation for the following reasons; the impact was not close <br />to a body of water, the sediment deposition did not do significant <br />damage to revegetation, there were no offsite impacts per an OSM <br />report, the area impacted had been previously mined and the company <br />was waiting for release. <br />The proposed civil penalty was: <br />History $150.00 <br />Seriousness $750.00 <br />Fault $750.00 <br />Good Faith $0 <br />