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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-95-006 Notice of Violation C-95-006 was issued for "Failure to implement appropriate sediment control measures, using the best technology curtently available to minimize erosion as necessary to protect topsoil, vegetation, and the hydrologic balance". Wally Erickson issued the NOV to Seneca Coal Co. on March 31, 1995 at the Seneca fI-W Mine. It was subsequently modified on April 7, 1995. During Mr. Erickson's complete inspection from March 28 -March 31 he observed runoff from the reclaimed areas of Pits A and B flowing to a low spot on the pit ramp road causing a breached berm. Gullies were observed below the Pit ramp road, flowing through rough ungraded spoils and an undistutfied area before entering drainage ditch 006. Gullies through the undisturbed areas measured up to 5 feet deep and 2 feet wide. A sediment delta was observed at the gully outlet. After reviewing the permit document, Mr. Erickson said the sediment control plan for the reclaimed areas of Pit A and B was vague. There was no clear plan describing how drainage would be handled during reclamation activities, before the final reclaimed drainage control system is installed. For abatement he required Seneca Coal Co. to submit a technical revision describing how the runoff from the reclaimed areas above the road would be treated. Michael Altavilla and Chuck McCulloch, representing Seneca Coal Co., did not contest the fact of the NOV. They explained that the snow had just melted off the permit area and they were in the process of beginning their annual rill and gully plan. They had not had time to complete it because the timing of the inspection was just after snowmelt. After the NOV was issued they disagreed with the abatement requiring the submittal of a technical revision. However, after further consideration, they agreed to submit a technical revision. At the time of the conference, the NOV had not been abated. The proposed civil penalty was: History $0.00 Seriousness $500.00 Fault $500.00 Good Faith $0.00 Total $1000.00 Seriousness The representatives from Seneca Coal Co. disagreed with the statement that "offsite damage has occurred" as written in the proposed penalty. They contend, and showed on a map, that all flow was in the permit area. Furthermore, they contend that the portion of the gully in the "undisturbed" area, was in fact a disturbed area. They thought the area was a reclaimed exploration road.