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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-94-032 <br />Notice of Violation C-94--032 was issued for "Failure to conduct hydrologic monitoring as <br />required by the approved plan." Kent Gorham issued the NOV from the office on November <br />7, 1994 to Cyprus Orchard Valley Coal Company (COVCC) for the Orchard Valley Mine. <br />The date of service was November 10, 1994. An assessment conference was held on <br />December 13, 1994 with Dave Berry, representing DMG and Karl Koehler, representing <br />COVCC. It was continued by phone on December 15, 1994 with Kent Gorham representing <br />the DMG. <br />The NOV was issued because COVCC failed to conduct hydrologic monitoring according to <br />their approved plan during 1993. Kent Gorham reviewed the Annual Hydrologic Report in <br />October, 1994 and observed the missing data. Kent explained that a meeting had been held <br />with Mr. Koehler in August, 1992 to review the Orchard Valley Mine hydrologic monitoring <br />plan. At that time, it was mutually agreed that a reduction in monitoring could be <br />considered. COVCC was to submit a technical revision (TR) proposing the reductions that <br />had been considered. A TR was not submitted until December, 1993, although COVCC did <br />reduce the monitoring during 1993. (The TR was approved in March, 1994.) COVCC was <br />in violation of eliminating and reducing the number of monitoring requirements without prior <br />approval. During 1993, 23] visits were missed at 77 different sites and 43 water quality <br />samples were not taken. <br />Mr. Koehler, representing COVCC did not contest the fact of the violation, but he strongly <br />disagreed with the proposed civil penalty for a number of reasons which were discussed on <br />both dates of the conference. He also submitted a letter dated November 16, 1994 <br />documenting 4is justification for not conducting the required sampling. Generally, he <br />contends the requved monitoring plan was way in excess of what was needed to assess the <br />mining impacts. The plan had been established to determine baseline water quantity and <br />quality information. Hydrologic monitoring had never been reduced as the mine plan was <br />modified. <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $1000.00 <br />Fault $1250.00 <br />Good Faith $0.00 <br />Number of Days Penalty Assessed $1485.00 <br />Tota] $3735.00 <br />1 <br />