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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-143 <br />Notice of Violation C-93-143 was issued for "Failure to store <br />salvaged topsoil on a stable surface where it will not be <br />disturbed by mining operations". Susan Burgmaier issued the NOV <br />to Peabody Western Coal Company on October 20, 1993 at the Seneca <br />II-W Mine. She explained and showed pictures of a slide that <br />occurred below topsoil stockpile N on the highwall side of the <br />lower pit. Topsoil stockpile was in jeopardy of going into the <br />pit if the slide continued moving. Conditions at the mine site <br />had been unusually wet for the two weeks prior to the slide <br />occurrence. <br />The representatives of Peabody Western Coal Company, Gary Wendt, <br />Curt Belden, Scott Williams, Brian Dunfee, and Steve Blomberg <br />provided additional information. The area has never shown any <br />surficial evidence of instability. In contrast, several nearby <br />areas have evidence of instability. It was never their intention <br />to locate a stockpile in an unstable area. The cause of the <br />slide is attributed to the high precipitation. <br />No topsoil was lost as a result of the slide. PCC buttressed the <br />toe of the slide to prevent further movement using the dragline <br />and other mining equipment. The slide occurred sometime in the <br />early morning hours of October 18. At 8:00 a.m. PCC started <br />backfilling the pit to prevent further movement and the loss of <br />topsoil into the pit. The dragline and dozers worked from <br />October 18, 1993 until October 26 to backfill and stabilize the <br />pit area and highwall below the topsoil stockpile. As a result <br />of these activities, the mine plan will be altered to avoid this <br />area until the topsoil is redistributed. <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $1250.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $2000.00 <br />Seriousness <br />PCC contested this penalty. No topsoil was lost and it was not <br />in jeopardy because they buttressed the highwall immediately to <br />prevent any loss. <br />Based on the information presented in the conference, I believe a <br />reduction is warranted. Duration of damage was short, and extent <br />of damage was small. There was little potential for topsoil <br />loss. $500.00 is proposed. <br />Fault <br />