_ENFORCEMENT - C1981017 - Laserfiche WebLink

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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-89-033 NOV C-89-033 was written for "failure to salvage topsoil from areas affected by sur ace coal mining operations. Specifically, the lower Portion of the conveyor access road on Map II-B-7 where soil and vegetation are partially buried by the road fill material ." Mr. Crick showed slides of the area in question. He explained that it is approximately 100 feet long, 10 feet wide, and about 6 inches of topsoil was to be removed. A total of approximately 18.5 cubic yards of topsoil was lost. The alleged violation is unabatable since the road was constructed in 1988. Representatives of Mid-Continent Resources, Inc. contested the fact of the violation. Citing rules 4.03.3( 3) (e) and (f), Ms. Delaney claimed they were minimizing disturbance during road construction. Rule 4.03.3(3)(e) states that topsoil is to be removed where excavation would require replacement of material and redistribution of topsoil or proper vegetation. The area in questions was not excavated; the topsoil was covered by fill material . The topsoil beneath the fill would not be lost and she felt the aspen trees would serve as an effective erosion control . Some sloughage of fill material is to be expected and she argued that the fill material had sloughed over the topsoil . I believe a violation did occur. The area beneath a road fill is considered part of the affected area and topsoil is to be removed pursuant to Rule 4.06.1 . Failure to remove the topsoil beneath a fill prior to disturbance makes it very difficult to maintain the integrity of the resource during reclamation. Aspen trees are not very effective as erosion control . Grasses and other herbaceous growth are much better suited for that purpose. Topsoil was removed from other fill sections of the road and it appears that this section was overlooked. The proposed civil penalty was: History $ 400.00 Seriousness 250.00 Fault 250.00 Good Faith 0.00 TOTAL _T_9M_.66 History There have been three NOV's and one CO during the past twelve months. Seriousness I agree with the proposed penalty.