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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-134 Notice of Violation C-93-134 was issued for "Failure to provide designs and construction certifications for sediment control structures on Topsoil Stockpile QQ". Susan Burgmaier issued the NOV to Peabody Western Coal Company for the Seneca II-W Mine on September 24, 1993. She explained that the designs had been approved quite awhile ago, but the topsoil was just built last summer. Several topsoil stockpiles were permitted at the same time. General designs for all of the catchment basins and ditches were provided in Attachment 13-8 of the permit, specifically Table 13-8-1B for the Topsoil Stockpile Catchment Basin Capacities. All topsoil stockpiles but QQ were listed on the table, although it is shown on the maps. Apparently this particular stockpile was left off the Table. The minimum capacity of the catchment basin could not be verified as required by Rule 4.05.6(7). No concerns were noted in the field regarding the construction or functioning of the structures. Gary Wendt, representing Peabody Western Coal company contested the fact of the violation. General designs for catchment basins were provided in the permit. The sediment control structures had been properly designed and constructed. For some reason this specific topsoil stockpile's design were not on Table 13-8-1B. The required design have been submitted and the structures were certified. Based on the information presented in the conference, I conclude that a violation did exist because the required design data was not listed on the appropriate Table. However, to me this represents an administrative violation rather than a performance violation which is how the NOV was assessed. The proposed civil penalty was: History $0.00 Seriousness $250.00 Fault $250.00 Good Faith $0.00 Total $500.00 seriousness Since, I believe this is an administrative NOV i propose to reduce seriousness to $0.00. It simply appears to be an oversight on the Table. Fault I agree with the proposed penalty. It appears this particular topsoil was inadvertently left off the Table listing the design specifications.