_ENFORCEMENT - C1981017 (18) - Laserfiche WebLink

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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-90-049 NOV C-90-049 was written for "failure to construct sediment ponds in accordance with approved designs': Mr. Routten explained that the 023 pond at the lower bin pad at the No. 3 Mine does not have adequate top width on the embankment. Pond 4-1 at the No. 4 Mine has only one, instead of two 12 inch CMP's for the emergency spillway as required by the approved plan. Mr. Routten presented the certified designs and showed slides of each site. Ms. Delaney explained that each pond was at an inactive part of the mine and the drainage into each was from a very small area. She presented a design plan which stated that Pond 4-1 would be pumped to dewater it. The design for Pond 023 said it is an incised pond, and there is no embankment. In both situations the ponds are not built as designed. Pumping Pond 4-1 is irrelevent, the plan clearly requires 2, 12 inch CMP's for the emergency spillway. Even though the No. 3 bin pad pond appears to be incised the design plan shows a barrier of approximately 20 feet from the upstream to downstream side of the pond. In the slide, it appeared to be a mound of earth through which the discharge pipes are installed. Whether it was an embankment technically, the "mound" was only 18 inches wide in some places creating potential stability problems. The proposed civil penalty was: History $ 250.00 Seriousness 500.00 Fault 750.00 Good Faith 0.00 TOTAL 1500.00 History Mid-Continent Resources , Inc. has been issued five NOV 's during the past twelve months, that have cleared the administrative process. They are: C-89-033, C-90-001 , C-90-002, C-90-014 and C-90-029. Seriousness The drainage into Pond 4-1 is only about 2 acres, and the drainage into the No. 3 bin pad pond is only 0.45 acres. The operator is not aware of any discharge from either pond. Because there was no actual damage and the potential for damage is small , I am reducing seriousness to $250 .00.