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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl ui Nalu ral Resources <br />I l l f Sherman $L, Room ' I S ~r~ <br />Dnnvrr, Colorado NO?03 I <br />Phone: ISO11 N66-3567 <br />FA%: 1 f03) N3-'-N106 <br />DEPARTMENT OF <br />NATURAL <br />SETTLEMENT AGREEMENT JUSTIFICATION RESOURCES <br />Seneca Coal Company, Seneca II-W Mine, C-82-057\CV-97-023 Roy Romer <br />Governor <br />James B. McArdle, Conference Officer /~~~ lames 5. Luchhead <br />~ % E~erwive Direcwr <br />The Notice of Violation CV-97-023 was served on December 1, 1997 for the following o~~ s o~ oi~eetor <br />violations: <br />*Failure to maintain the pond 006 embankment during the operation and pond cleaning <br />activities. <br />*Failure to minimize disturbance to the hydrologic balance. <br />*Failure to maintain pond in order to meet the effluent limitations of the permit. <br />*Failure to maintain pond to prevent additional contributions of sediment to stream flow <br />or to runoff outside the permit azea and meet the effluent limitations. <br />*Failure to maintain pond to provide adequate capacity to treat runoff\inflow as a result of <br />a 10 yeaz\24 hour event. <br />An Assessment Conference was held at the Division office on February 9, 1998. In attendance in <br />addition to the Conference Officer was Mr. Mike Altavilla and Mr. Brad Brown of Seneca Coal <br />Company also Ms. Erica Crosby of the Division. <br />Ms. Erica Crosby, of the Division of Minerals and Geology, presented testimony on how the <br />Division became awaze of the embankment cut on Pond 006 which was made to dewater the <br />pond. Seneca provided information to the Division that approximately 1.5 acre-feet of water was <br />released having a TSS @ 379,000 mgU and total iron @ 6640 mgU. The water quality that was <br />dischazged exceeded the effluent limits for suspended solids and total iron. The Division was not <br />notified of this activity prior to and did not authorize cutting the riser or dam nor was there an <br />authorization to pump downsVeam. <br />The Proposed civil penalty for NOV CV-97-023 was: <br />History $0.00 <br />Seriousness (Severe) $1,500.00 <br />Fault (Intentional) $1,000.00 <br />Number of Days Penalty Assessed <br />Good Faith <br />$0.00 <br />Total Civil Penalty Proposed by the Assessment Officer was $2,500.00 <br />