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1 SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-023 Assessment l:Ci1L !lt C171Gtl owuu~ary NOV C-93-023 was issued by Susan Morrison of the Division for "[F]ailure to pass drainage from disturbed areas through a sedimentation pond, a series of sedimentation ponds, or a treatment facility before leaving the permit area". The NOV applied to a water pump pad located adjacent to Trout Creek, northwest of the Moffat Mining Area sedimentation pond. Ms. Morrison explained that the small (less than 500 square foot) pump pad located approximately 100 feet from the creek was not routed through a sediment pond or other sediment control measures, and had not been approved as a small area exemption. She stated that rills were observed to extend from the pad to the bank of Trout Creek, and that the surface of the pad was muddy, not a uniform gravel surface. The rills were not flowing at the time of the inspection and no deposition of sediment was noted adjacent to the stream. The Operator representatives argued that the pad area had been rocked to provide alternate sediment control, and that the pad was essentially the terminus of a light use road and had been specifically approved by the Division as a part of the light use road. They further noted that there was no indication of environmental damage, and that the Division had inspected the site on numerous occasions without indicating concerns. Fact of Violation My review of applicable permit documents and inspection reports indicates that the Division did approve the light use road which provides access to the pump pad and had indeed inspected the pad site without noting problems on several occasions. I could not find documentation of small area exemption sediment control approval for the pad, nor could I find evidence that the pad was approved as a component of the light use road. The facility does not appear to be depicted on permit area maps. Permit narrative appears to be limited to a statement on Page 3.5-1 that "{T}he light use road will be used to access Trout Creek for obtaining water for dust control. The final placement of the road will be field designed and dependent upon the as-built configuration of the sedimentation pond and on-site topography". Based on the above, I find that a violation did occur. A pumping facility was clearly contemplated in the permit application, but no detailed plan including alternate sediment controls and small area exemption demonstration was provided.