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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-94-004 Notice of Violation C-94-004 was issued for "Failure to minimize the disturbance to the prevailing hydrologic balance at two locations: 1. GWB-2R at Fish Creek; and 2. Culvert and rock checkdam under haulroad C at office road intersection. Drill cuttings, water, sediment and/or slurry entered Fish Creek at GWB-2R site and Foidel Creek at culvert/haulroad C site." Kent Gorham, representing the Division of Minerals and Geology, issued the NOV to Twentymile Coal Company on March 30, 1994 at the Foidel Creek Mine. He showed slides of both areas. GWB-2R was drilled last December above Fish Creek. Some drill cuttings and sediment were observed flowing off the drill pad into the adjacent pasture and onto the alluvium. From the pictures, I could not see where it entered the creek. The culvert and checkdam under haulroad C were full of sediment. Evidence of a trail of sediment was observed from the checkdam to Foidel Creek. There was no flow during the inspection into Fish Creek or Foidel Creek from either of the locations. Rick Mills representing Twentymile Coal Company had several comments. First, he questioned whether or not sediment actually entered the creeks. Since there was no flow during the inspection, there was no actual evidence for off-site damage. Second, he noted that the NOV was issued in late March, the high runoff season for the mine. This is the time of year for road maintenance which they were in the process of. Third, the area draining into the culvert under haulroad C is well vegetated and undisturbed. Fourth, the Fish Creek ground water well was drilled last December. The mound of cuttings, approximately 0.6 cubic yards, was held back by snow. Most of the cuttings stayed within the pad, only a small portion went off the pad. A dense vegetative cover below filtered out the sediment before the flow entered Fish Creek. Lastly, access to the pad was impossible without further damage to the area until the snow melted and it dried out. This was in late April at which time they removed the cuttings and raked the area as required by the abatement. Based on the evidence and information presented it appears that some sediment did enter Foidel Creek, how much is unclear. At Fish Creek it is not clear to me that the drill cuttings entered the creek, although the drill pad did not have adequate sediment control. I will uphold the NOV and consider Mr. Mills comments as they pertain to the proposed civil penalty which was assessed as follows: