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1~ l SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-104 Notice of Violation C-93-104 was issued for "Failure to comply with applicable requirements of the Law and the Regulations pertaining to the treatment of surface water runoff from coal mine waste banks; specifically, failure to treat surface water runoff from the refuse pile at the mine site before leaving the permit area downhill below the pile." Dan Hernandez issued the NOV on July 1, 1993 at the Twin Pines No. 2 Mine. Surface runoff from the spoil area had gone beyond the berm that normally contains the flow. Pictures were shown of the runoff downslope. Mr. Larry White, representing Twin Pines, described the spoil pile. (This is documented in his August 4, 1993 letter.) The spoil pile is built in a previously mined area. A ten foot high berm was constructed on the downslope side to contain the spoil and a gravel underdrain was placed on the sandstone base of the cut to prevent build-up of water behind the berm. Water from an old power line road above the pile also contributes to the runoff in the spoil area. There are no ditches above or below the pile. Drainage control is to be achieved by grading the spoil toward the old highwall and directing the flow into a road ditch that flows into a sediment pond. Mr. White said there were a couple of factors that contributed to the overflow. First, the mine has been generating more refuse than normal and with the pile enlargement they have had a hard time diverting the water into the road ditch. Second, there was a large storm that caused the spoil to block the gap between the pile and the berm allowing the water to flow over the berm and down the slope. The proposed civil penalty was $750.00. We discussed the proposed amounts, but I feel the penalty as proposed is appropriate. The NOV has not been abated, so there can be no reduction for good faith.