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PAGE 3 2) The area under the RDA belt on the south bank of the river concerns the drainage area directly under the belt, an area of 0.003 acres. The amount of runoff contributed to this area is minimal. Repairs to the board structure were completed by August 12 . ' ' 3) The site east of the coal silos includea:a disturbed area. of approximately 0.6 acres. Drainage escaped this area due to the overflow of culverts and ditches in the area. These ditches overflowed due. to the exceedance of their required design capacity.' ' This area was.se~aired anct functional by Auguet~'19. i '~ 4) The reno mattress drainage on the west side of the RDA overflowed due to the shifting of the rock in one of the mattresses. The shifting was caused by the intensity of the rain. . ' This caused runoff to escape along a roadway toward the highway., 'During the intense. period of the ra}n storm, a temporary diversion dam.and ditch was constructed to divert 'the runoff toward the RDA pond. This 'reduced .the off site runoff to approximately l.hou;'s worth of drainage during. the storm... j - ~ ~ -~'~FAULT: All.iEema,~in this alleged :violation resulted from the f intense rain which was,greate= than 'a.'10 year/'24 fioui,event: The. i structures were 'designed' and conatruated. to handle a:10 gear[24 '' hour. event in. accordance. with the New Elk Mine: permit and f " applicable regulation's'. With the ezceedance of this amount..of . rain, the structures overflowed. Combine the intensity of the _ event with the volume of rain and the results were devastating to ' the drainage systems. Failure to• meet the cited .performance standards was unavoidable despite the exercise of .reasonable care. There should be no fault attributed to this NOV. _ - GOOD' FAITH:. :Basin: has worked diligently and continuously since the ma~br event to restore 'the drainage system to proper • order. .Except. for a labor dispute over the weekend at the mine which prevented cleanup anti repair crews .from entering the mine ' site, work has proceeded with all equipment and manpower available. -All items on this violation were repaiied to prevent further off site discharges either before arrival or before departure of the inspection.team on August 12, 1994. In the case of the reno ~mattresa drainage, temporary repairs were done during the storm. Good"faith should be. at a maximum. NOV C-94'-019: Failure to Maintain Ditches .and Culverts. SERIOUSNESS: The structures identified filled with materials as a result of the intense storm which exceeded the 10 year/24 hour