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f ~ SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-138 Notice of Violation C-93-138 was issued for "Failure to pass disturbed area runoff through a sedimentation pond, series of sedimentation ponds, or treatment facility prior to leaving the permit area". Susan Burgmaier issued the NOV to Peabody Western Coal Company on September 30, 1993 at the Seneca II Mine. She explained that an area, approximately i acre in size, did not pass through a sediment pond. The berm on the north side of the Wolf Creek mining area was not in place. Loss of the berm was due to a land slide in the adjacent area. A slight channel was visible, although it was difficult to distinguish between the disturbed area runoff and the slide material. The flow from the area eventually goes back into the permit area and through "Joe Lake". Ms. Burgmaier showed slides of the area. Gary Wendt, representing Peabody Western Coal Company, felt the proposed civil penalty was too high. it was assessed as follows: History $50.00 Seriousness $750.00 Fault $750.00 Good Faith $150.00 Total $1400.00 Seriousness The area was only 1.1 acre in size and the Peabody representatives felt the penalty should be lowered to reflect the small size of the area. The berm was intact last August when a complete inspection of the area was conducted. Based on the information presented in the assessment conference i believe a reduction to $500.00 is appropriate. The damage was short in duration and small in extent. Fau t Peabody requested a reduction in the fault component. They felt that since the lack of sediment of control was caused by a slide, they were not responsible for it. I disagree. I believe the mining activities may have reactivated the slide. Known areas of instability may need more attention than other areas in the mining operation. i agree with the proposed penalty. Good Faith I agree with the good faith reduction and I believe it should be raised to $200.00. The operator repaired the berm before the close of the inspection. I believe this represents an extraordinary effort and is the shortest time possible. Settlement Agreement Penalty Proposed $1100.00