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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-016 <br />Notice of Violation C-93-016 was issued for "Failure to prevent <br />impacts to areas unapproved for disturbance and to properly <br />dispose of non-coal waste." Three separate areas were cited. <br />a. Area immediately east of drop tube and coal surge pile <br />(unapproved disturbance). <br />b. Area downstream of Ciruela Canyon concrete box culvert <br />beneath railroad (offsite disturbance). <br />c. Area downstream of the short length culvert beneath <br />railroad (possibly offsite). <br />Mr. Dudash showed pictures of and explained the circumstances of <br />each area. At area a. 1 cubic yard, at most, of coal from the <br />surge pile spilled onto an adjacent area where topsoil had not <br />yet been removed. It was an approved disturbed area. At area <br />b., there was a piece of plastic beneath the culvert. At area <br />c., there were some chunks of coal, approximately 4" in diameter, <br />and some fine shale material in a field beneath the railroad. It <br />is questionable where the coal came from, because the mine <br />crushes their coal to <1". Mr. Thompson thought the fines were <br />from a cut made by the railroad. Neither Mr. Dudash or Mr. <br />Thompson were certain if the field was part of the disturbed <br />area, although it appears to be on the maps. <br />The abatement required the operator to clean up the coal debris <br />and materials, and to submit a minor revision to increase surface <br />disturbance area. The operator requested an extension for <br />abatement to clean up the material beneath the railroad. The rest <br />of the NOV has been abated. <br />The proposed civil penalty was: <br />History: $50.00 <br />Seriousness: $1000.00 <br />Fault: $500.00 <br />Good Faith: $0.00 <br />Total $1550.00 <br />History <br />The operator did not dispute this component. <br />Seriousness <br />The proposed penalty was assessed for damage outside the <br />disturbed area including coal washed onto an agricultural field <br />and was deemed significant. Mr. Thompson felt the seriousness <br />penalty was excessive. The amount of coal that fell from the <br />surge pile was very small and there was no damage to the topsoil <br />resource. The coal was removed and the topsoil from the area was <br />salvaged. It was an approved disturbance area. The piece of <br />plastic was not causing any harm and the potential for damage was <br />slight. The coal in the area beneath the culvert was large <br />