_ENFORCEMENT - C1981017 ‎(20)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ Violation CV-91-008
• Violation No.: C-91-008
• Media Type: D
• Archive: No

JUSTIFICATION OF SETTLEMENT AGREEMr-imi FOR
NOV C-91-008
NOV C-91-008 was written for "failure to install or maintain light use road
drainage culverts as required to minimize erosion" for the Coal Basin Mine, in
violation of regulatory sections 4.03.3(4)(c) and 4.03.3( 1 )(a) . The NOV was
issued by Dan Mathews , Reclamation Specialist, on July 25, 1991 . The NOV
specifically addressed four culvert installations on Road "C" , which accesses
the old No. 4 Mine portal bench and Huntsman Ridge. Culverts C-1-N and C-2-N
had never been installed as indicated on the approved plan for Road "C" .
"Culverts C-4 and C-5 had rusted out and were incapable of conveying flow
without leakage" .
The penalty assessment proposed by the Division Assessment Officer was :
History $250.00
Seriousness $750.00
Fault $750.00
TOTAL PROPOSED CIVIL PENALTY: $1 ,750.00
Ms . Diane Delaney, representative of Mid-Continent Resources , Inc. , recognized
that culverts C-l-N and C-2-N had never been installed. However, she
indicated that the proposed locations were in poorly chosen sites in which she
felt more environmental harm might have been done had the consultant' s
original questionable design been installed. She surmised that the company
had probably intended to revise the plan, but that it had never been
accomplished. She observed that no apparent environmental damage had
resulted. Dan Mathews did not disagree with any of Ms . Delaney' s
observations . In reflection of the apparent low environmental risk, as
demonstrated by the lack of apparent damage during ten years of noncompliance ,
I was persuaded to reduce the proposed assessment for "Seriousness" from
$750.00 to $500.00.
Dan Mathews indicated that Mr. Joseph Dudash of our office had inspected the
mine on October 25th , but that he was unable to reach the culvert sites
because of snowfall and extremely inclement conditions . Therefore, the
Division has yet to formally terminate NOV C-91-008.
Regulation section 5.04. 5(3)(d) allows the conference officer to assign a
penalty reduction to reflect "Good Faith" , if the permittee took
"extraordinary" efforts to abate the violation in the shortest possible time
before the abatement deadline .
In demonstration of the company' s "good faith" efforts , Ms . Delaney provided a
photographic slide of the recently replaced Culvert C-5. The culvert had been
replaced with a new CMP and the outfall had been riprapped . She indicated
that a similar replacement had been accomplished at culvert C-4. She stated
that both culverts had been replaced by October 15, 1991 , ten days in advance
of the abatement deadline. She also stated that a technical revision
application had been submitted by the October 25th abatement deadline
requesting deletion of culverts C-1-N and C-2-N. Ms . Delaney stated that the
culvert replacement had required significant effort, including the importation
of considerable riprap material for armor of the outfalls . Finally, Ms .
Delaney stated that the company' s financial difficulties have lead to