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SETTLEMENT AGREEMENT JUSTIFICATION <br /> NOV C-93-079 <br /> Notice of Violation C-93-079 was issued for "Failure to maintain <br /> various drainage and sediment control features so as to protect <br /> hydrologic balance and offsite sediment contributions." Dave <br /> Berry and Kent Gorham issued this NOV on May 20, 1993. This <br /> violation applied to eight specific locations as identified in <br /> the inspection report dated May 18-20, 1993 . The areas of most <br /> concern were two locations where sediment was placed outside the <br /> sediment control system and two locations where material had the <br /> potential to damage a small area exemption. <br /> Twentymile Coal Company, represented by Rick Mills and Marcus <br /> Middleton did not contest the fact of the violation. they did <br /> want to discuss the penalty. The proposed civil penalty was: <br /> History $50.00 <br /> Seriousness $500.00 <br /> Fault $500.00 <br /> Good Faith $0.00 <br /> Seriousness <br /> TCC wanted to reiterate that there was no evidence of offsite <br /> transport of material resulting from these maintenance problems. <br /> This was taken into account in the proposed penalty, and I agree <br /> with it. <br /> Fault <br /> There was little discussion regarding this component. I agree <br /> with the proposed penalty. <br /> Good Faith <br /> The operator requested a good faith reduction. TCC brought in <br /> contractors, over the weekend and on an overtime basis, to <br /> complete the abatements by the following week. The abatement <br /> deadline was May 31, 1993 and the work was fully completed on May <br /> 26 when Mr. Berry terminated the NOV. A majority was completed <br /> by May 22. I propose to reduce to penalty by $250.00 for good <br /> faith: <br /> Settlement Agreement Penalty Proposed $800.00 <br />