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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-90-048 NOV C-90-048 was written for "failure to protect stockpiled and redistributed topsoil from wind and water erosion". Ms. McCannon cited two separate locations in this NOV. The first area was on the West Ridge waste pile, Topsoil had been replaced on the first lift in June. Drainage from the bench above was flowing down the face resulting in rilling on the topsoil, The second area cited was the topsoil stockpile at the West Mine. The stockpile was relocated in May. During Ms. McCann on 's October 18, 1990 inspection she observed erosion on one end of the pile. Several rills 3-8" deep were observed. Ms. McCann on was concerned about the erosion of the topsoil resource for a couple reasons. First drainage was a problem. Second, she felt that Orchard Valley should have undertaken temporary erosion control measures until seeding occurred and they should have seeded by this inspection (October 18, 1990), We reviewed the permit and it requires that seeding occur in spring or fall. Fall would be the appropriate season for both these areas. However, no dates for fall were specified. Mr. Mills contested the fact of the violation, Temporary erosion control measures had been taken at both areas using dozer tracks and roughened surfaces. Seeding was not required until the fall, The NOV was issued in mid-October, and they still had time to seed. Regarding the drainage on the waste pile he said the bench had not been completed yet. He questioned whether the regulations cited were appropriate. We reviewed each of the three ci tations. Based on the information presented in the conference I believe a violation did exist for the drainage problems but not for the lack of seeding and mulching. The drainage from the upper bench on the waste pile should have been directed off the pile, not allowed to flow over the face. From the slides shown of the topsoil stockpile there appears to be a "bowl" formation at the top where water collected and concentrated the flow in one area which caused the rilling, Therefore, I see a problem with the drainage patterns. However, with respect to temporary mulching and the timing of the seeding, I believe Orchard Valley is in compliance. Roughened surfaces using cat tracks is an acceptable method of temporary erosion control. The permit did not require any additional methods and generally none are necessary, Orchard Valley still had time to seed, albiet it was getting late in the season. The proposed civil penalty was: History $50,00 Seriousness 500.00 Fault 250.00 Good Faith 0.00 TOTAL $8Zf6:013 History One NOY (C-90-008) has been issued during the past twelve months.