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J~ SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-022 Assessment Conference summary NOV C-93-022 was issued by Randy Price of the Division on April 7, 1993, as a result of observations made during an inspection of the Marr Strip conducted by Mr. Price and David Berry on March 31 and April 1, 1993. The NOV was issued for "[f]ailure to design, permit and maintain various ditches and culverts along roads and facilities areas". Rules 4.04(3) and 4.05.5, along with specific permit sections and maps were cited. Mr. price showed photographic slides showing what appeared to be minor downcutting in a section of Ditch C-1, along the base of the facilities area bench, as well as two, 2 to 3 foot deep gullies on the face of the facilities bench outslope. The operator pointed out that the bench area would be removed in the near future during final reclamation, that neither the bench or areas adjacent to Ditch C-1 had been topsoiled, and that sediment from any erosion in the facilities area was contained by a sedimentation pond. Mr. Price did not dispute these statements, but he pointed out that the Regulations require the Operator to design, construct, and maintain support facilities to control and minimize erosion and siltation. There apparently was no detailed plan in the approved permit for safely directing drainage off the mine bench. Mr. Price also showed slides of several road drainage problems including the absence of a drainage ditch associated with a temporary access road, piping and minor embankment erosion at a double set culvert inlet, and two small culverts which appeared to be functioning properly, but had not been included in the approved permit. The Operator acknowledged that maintenance work was necessary on the ditch and culvert inlet, but indicated that the snow had melted off the areas of concern only a few days prior to the inspection, and that frozen ground had precluded ditch and culvert maintenance work prior to the inspection. Fact of Violation I find that a violation did occur. The evidence presented indicates that the facilities bench area had not been designed, constructed, or maintained to minimize erosion, the double set culvert inlet had not been maintained as designed, other culverts had not been properly permitted, and in one location a necessary road ditch had not been permitted or constructed.