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SETTLENENT AGREEMENT JUSTIFICATION NOV C-93-061 Notice of Violation C-93-061 was issued for °Failure to maintain disturbed area drainage exemptions, specifically, disturbed areas which have been exempted from directing water through sediment control facilities via demonstration that water quality requirement, would be met, have not been properly maintained." Tony Waldron issued the violation on April 16, 1993. Essentially, the violation was issued for failure to maintain three small area exemptions(SAE). At the East Portal water tank SAE, the berm around the perimeter was not intact, water was flowing through the berm, and there was no filter for the outlet. At the west portal water tank, water was flowing off the backside into a clean water ditch. The area was well vegetated. At the corehouse SAE some gravel was missing. Mr. Ron Thompson representing Basin Resources Inc. requested that the violation be vacated. Mr. Thompson showed that the corehouse SAE and the west portal water tank were in compliance with the approved permit. Mr. Waldron did not have a copy of the SAE approvals during the inspection, and he was not aware of the plans. However, there was a maintenance violation at the East Portal water tank. Mr. Thompson explained that the breach in the berm had occurred when workers were doing some recent work in the area. Due to the wet conditions they were not able to get in and properly repair the damage before Mr. Waldron's inspection. The proposed civil penalty was: History $0.00 Seriousness $750.00 Fault $500.00 Good Faith $0.00 Total $1250.00 Seriousness Based on the information presented in the conference I believe a reduction in the seriousness is appropriate. The penalty applies to only 1 area, instead of 3. The breach in the berm, at the east portal water tank SAE, created a small gully. Duration was short. i am proposing to reduce this to $250.00. u t The breach in the berm occurred while workers were working on the water tank. It was so wet, workers curtailed activities until it was dry enough to properly repair the damage. I propose to reduce fault to $250.00 which represents the low end of negligence. Settlement Agreement Penalty Proposed $500.00