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<br />PAGE 3 <br />2) The area under the RDA belt on the south bank of the river <br />concerns the drainage area directly under the belt, an area of <br />0.003 acres. The amount of runoff contributed to this area is <br />minimal. Repairs to the board structure were completed by August <br />12. <br />3) The site east of the coal silos includes a disturbed area <br />of approximately 0.6 acres. Drainage escaped this area due to the <br />overflow of culverts and ditches in the area. These ditches <br />overflowed due tc the exceedz.nce of their required design capacity. <br />This area was repaired anu i:unctional by August 19. <br />4) The reno mattress drainage on the west aide of the RDA <br />overflowed due to the shifting of the rock in one of the <br />mattresses. The shifting was caused by the intensity of the rain. <br />This caused runoff to escape along a roadway toward the highway. <br />During the intense period of the rain storm, a temporary diversion <br />dam and ditch was constructed to divert the runoff toward the RDA <br />pond. This reduced the off site runoff to approximately 1 hour's <br />worth of drainage during the storm. <br />FAULT: All items in this alleged violation resulted from the <br />intense rain which was greater than a 10 year/24 hour event. The <br />structures were designed and constructed to handle a 10 year/24 <br />hour event in accordance with the New Elk Mine permit and <br />applicable regulations. With the exceedance of this amount of <br />rain, the structures overflowed. Combine the intensity of the <br />event with the volume of rain and the results were devastating to <br />the drainage systems. Failure to meet the cited performance <br />standards was unavoidable despite the exercise of reasonable care. <br />There should be no fault attributed to this NOV. <br />GOOD FAITH: Basin has worked diligently and continuously <br />since the major event to restore the drainage system to proper <br />order. Except for a labor dispute over the weekend at the mine <br />which prevented cleanup and repair crews from entering the mine <br />site, work has proceeded with all equipment and manpower available. <br />All items on this violation were repaired to prevent further off <br />site discharges either before arrival or before departure of the <br />inspection team on August 12, 1994. In the case of the reno <br />mattress drainage, temporary repairs were done during the storm. <br />Good faith should be at a maximum. <br />NOV C-94-019: Failure to Maintain Ditches and Culverts. <br />SERIOUSNESS: The structures identified filled with materials <br />as a result of the intense storm which exceeded the 10 year/24 hour <br />