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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br /> NOV C-91-018 <br /> NOV C-91-018 was written for "failure to stabilize access / light use road <br /> cuts and fills with a vegetative cover or other measures to minimize erosion <br /> and siltation and prevent,to the extent possible, additional contributions of <br /> suspended solids to stream flow. " NOV C-91-018 was issued by Dan Mathews , <br /> Reclamation Specialist, on September 18, 1991 . As Dan stated in the NOV; this <br /> notice applies to Roads A, B, C, D, E, F, G, the main access road, and the <br /> rock tunnel disposal area access road. The situation was found to be in <br /> noncompliance with regulatory sections 4.03.2(3)(c)(ii ) , (d)(x) , and <br /> 4.03.30 )(a) . <br /> The penalty assessment proposed by the Division Assessment Officer was : <br /> History $200.00 <br /> Seriousness $500.00 <br /> Fault $500.00 <br /> TOTAL PROPOSED CIVIL PENALTY: $1 ,200.00 <br /> In response, Ms . Diane Delaney, representative of Mid-Continent Resources, <br /> Inc. , recounted the history of considerations related to this issue. The <br /> structural and soil stability of Coal Basin roads has been a significant issue <br /> of adequacy concern throughout the existence of the permanent program permit <br /> at Coal Basin. Ms. Delaney presented copies of a Division letter of September <br /> 8, 1981 , regarding the issue of the road consideration, contained within the <br /> approved permit documents . This letter references the approval of the Rock <br /> Tunnel and summarizes the operators "Interim Road Management Plan". This <br /> brief plan states that the upslope borrow ditch will be relocated away from <br /> the cut slopes and the cut slopes will then be allowed to sluff onto the road <br /> surface. This is intended to effect narrowing of the road surface and to <br /> provide a more stable configuration of the cut slope. No mention is made of <br /> fill embankments below the road surfaces. The letter commits Mid-Continent to <br /> reevaluating the road situation after completion of the rock tunnel . <br /> Because I have actively participated in road system review and discussion <br /> throughout the history of the Coal Basin interim and permanent program <br /> permits , I am aware of this situation. The rock tunnel was conceived by <br /> Mid-Continent to resolve the historic road problems . Mid-Continent Resources , <br /> at the requirement of the Division, completed specific geotechnical analyses <br /> of the entire road system to identify areas of structural and soil stability <br /> concern, in order to develop proposed methodology for curing these problems <br /> during final reclamation. Following commencement of the rock tunnel <br /> excavation, the Division temporarily relaxed its concern pending the <br /> completion of the bores . The tunnel was finally completed in 1988 at greatly <br /> increased cost to the operator, which contributed to their current poor <br /> financial condition. While the operator had committed to reevaluating the <br /> road situation following completion of the rock tunnel , for a number of <br /> reasons this reevaluation has not been completed. <br /> In my opinion the Operator has been performing in accordance with the approved <br /> "Interim Plan" . I also realize that the road system continues to exhibit <br /> problems and that the final reclamation of these roads has yet to be <br />