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SETTLEMENT AGREEMENT NSTIFICATION NOV C-93-080 Notice of Violation C-93-080 was issued for "Failure to maintain adequate pond capacity to contain or treat the design 10-year, 24 hour precipitation/runoff event. Failure to prevent discharge from the emergency spillway." Dave Berry and Kent Gorham issued this NOV on May 20, 1993 for Pond A at the Eckman Park Mine. Mr. Gorham explained that they observed a small volume of water puddling on the emergency spillway. Water was at the threshold of the emergency spillway and the pond would not provide adequate storage time if the 10-year, 24-hour storm event were to occur. Marcus Middleton, representing Colorado Yampa Coal Company, contended that the combination of water from the spoil springs, snowmelt and precipitation exceeded the design storm event. No data was available to support this contention however. Furthermore, Mr. Mills stated that the intent of the pond is to minimize water quality degradation from surface coal mining operations. Samples of discharge showed that the water was in compliance with water quality standards. A discussion of the intent of the regulations and the necessity of performance standards followed. I agree that the intent of the regulation is to minimize water quality degradation, however the performance standards, Rule 4.05.6(3), does require adequate capacity to contain the 10-year, 24-hour storm event. These are preventative regulations written to avoid a problem before it occurs. As a conference officer I do not have the authority to vacate an NOV because the intent of the regulation was not violated. The proposed penalty was: History $o.oo Seriousness $500.00 Fault $250.00 Good Faith $0.00 Total $750.00 Seriousness The proposed penalty was based on the potential problems of offsite sediment deposition and/or pond stability. There was no actual damage resulting from this NOV and the potential seems very small. The base conditions have changed since the pond was designed in that the area flowing into the pond has been revegetated and relatively small amounts of sediment flow into the pond. Stability is not an issue, the emergency spillway was designed to handle the 100-year, 24-hour storm event. I believe the potential for damage is low and the penalty should be reduced to $250.00.