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. ii iiiiiiiiiiiiuiii 999 SETTLEMENT AGREEMENT JUSTIFICATION NOV C-94-008 Notice of Violation C-94-008 was issued for "Failure to maintain collection ditch D-13, thereby resulting in adverse impacts to the hydrologic balance on and off the permit area". Joe Dudash issued the NOV to Basin Resources on April 11, 1994 at the Golden Eagle Mine. The assessment conference was held on June 6, 1994. Mr. Dudash showed slides and had a map to show the extent of damage. On Friday March 31, 1994, water from the disturbed area broke through Ditch D-13 flowing into an adjacent field, and two irrigation ditches, the E-W irrigation ditch for approximately 1000 feet emptying ,into a field, and into the N-S irrigation ditch, approximately 650 feet. Coal fines were deposited into the adjacent field where the ditch broke. In the E-W ditch the coal fines were a couple inches deep, although most had settled out before entering the field. In the N-S ditch the coal fines were about i inch deep all of which were contained in the irrigation ditch. The irrigation ditch is owned by an adjacent property owner who leases the ditch and field out. There is a right-of-way through the permit area. Mr. Dudash explained that Ralph Lopez from Basin Resources called the Division on April 5, 1994 to report the damage. Ralph Lopez represented Basin Resources in the assessment conference. He said that there had been six inches of snow on March 29. The next couple of days were warm, up to 60~ creating a rapid melt. During his weekly rounds on March 31 he observed the broken ditch. The break occurred at a culvert entrance where the. mine water crosses the irrigation ditch. He immediately sealed the ditch so all the mine water would be contained in the mine ditch and flow into the sediment pond. On Tuesday, April 4 he cleaned the ditch and found a piece of plastic that was blocking the culvert. Basin Resources offered to clean the irrigation ditch and all coal fines deposited on the fields immediately. However, the lessee wanted to evaluate all his options before allowing Basin Resources to remove the debris. Two weeks later he agreed to give Basin Resources access to the ditch and fields to do the clean up. In the process Basin Resources cleaned up other materials from the field and repaired the fences. Mr. Lopez estimated 5-8,000 gallons of water escaped into the irrigation system, before he observed the breached ditch and repaired it. He felt they caught it soon enough to prevent serious damage. He disagreed with the proposed civil penalty. The proposed civil penalty was: History $250.00