_ENFORCEMENT - C1981017 (3) - Laserfiche WebLink

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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-90-002 NOV C-90-OU2 was written for "failure to design, construct and maintain appropriate sediment control measures to minimize erosion to the extent possible." Mr. Crick described and showed slides of two gullies that had formed on the hillside south of the slurry pond and downcutting of the ditch above the gullies. The gullies were one to three feet deep in a relatively undisturbed area. He was unable to locate a plan or map showing the sediment control for the area. Mid-Continent Resources, Inc. contested the fact of the violation. The representatives presented evidence, in the form of precipitation records, that showed a major storm event had occurred over three days in July that caused severe damage throughout the permit area. Extensive maintenance was undertaken at the mine to repair the damage, but this area was missed. I believe a violation did occur. The gullies were there at the time of Mr. Crick's inspection. A major storm event does not excuse an operation from minimizing erosion. The proposed civil penalty was: History $ 400.00 Seriousness 250.00 Fault 500.00 Good Faith 0.00 TOTAL T1;73U—.UU History There have been three NOV' s and one CO during the past twelve months. Seriousness I agree with the proposed penalty. Fault Mid-Continent claimed this was not due to a lack of diligence; it was due to the major storm event. Mid-Continent had diligently repaired and maintained other structures that were damaged. That may be true, however during repairs of all the other problems caused by this storm, this area was missed. However, given that this area is not readily visible from above and it is relatively minor, I believe a reduction to $250.00 is appropriate. Good Faith A good faith reduction was not requested and I do not feel a reduction would be appropriate in this case either.