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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-062 Notice of Violation C-93-062 was issued for "Failure to design, construct, and maintain haul roads, access roads and/or light use roads. Specifically, several haulroads have been decommissioned and buried under coal stockpiles without prior approval. Drainage ditches on light-use and access roads were not maintained and roads which had not been previously approved were being utilized as access roads." Tony Waldron issued the NOV on April 16, 1993 as a result of his inspection April 12-16, 1993. This NOV applied to ten areas within the permit area. After considerable discussion several issues were identified. First, the original permit had proposed blanket road designs for light-use, access roads and haul roads. The designs were not based on site specific conditions. However many of the roads were built according to the site conditions creating a discrepancy between the approved designs and the as-built roads. Some haul roads have been decommissioned, but the operator did not notify the DMG of such. They were buried under coal stockpiles. I view this as a permitting oversight. Concerns with the coal stockpiles were addressed in another NOV. Another permit defect approved a light-use road crossing through an ephemeral drainage without any control structures. A road with questionable concern, is the corehouse road. The road was built dissecting a field, in a natural low spot and with the railroad track along one side. The culvert draining the field is on the far side of the road thus potentially trapping water in the field. However, the area does not drain because of the naturally low terrain and the fact that the railroad track aacts as abarrier. For the time being, the operator has agreed to install a culvert through the road to convey the water from one side of the field to the other. Mr. Thompson, representing Basin Resources Inc. did not contest the fact of the violation. He did object to the penalty proposed for fault. The proposed penalty for fault was $1000.00. The assessment officer's reason was that "coal was stored on haul roads by the operator. This was apparently an intentional act. Negligence was demonstrated by failure to maintain various road drainage facilities." Based on the information presented in the assessment conference, I believe the operator was negligent by not notifying the DMG that the haul roads had been decommissioned and not updating the maps. i do not believe this was an intentional act. i do not