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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-94-020 <br />Notice of Violation C-94-020 was issued for "Failure to maintain <br />pond primary spillway structures". Joe Dudash issued the NOV to <br />Basin Resources Inc. at the New Elk Mine on August 12, 1994. <br />During his complete inspection August 10-12, Mr. Dudash observed <br />small discharges at Ponds 7 and 8. Pond 8 is an MSHA impoundment <br />situated below the refuse pile and adjacent to Highway 12. Due <br />to an unusually wet summer and a large storm event the pond had <br />filled to within a foot of the primary spillway inlet. There was <br />a leak in the vertical riser allowing water to flow from the pond <br />into the riser pipe and then to discharge. On a follow-up <br />inspection, August 30, approximately 1 drop/second continued to <br />leak. Mr. Dudash extended the abatement. By September 27, the <br />leak had stopped and the NOV was terminated. <br />At Pond 7 there was a trickle, approximately 0.05gpm, escaping <br />from the gated dewatering device. The seal on the valve was <br />leaking. <br />Mr. Ralph Lopez, representing Basin Resources Inc. had requested <br />the NOV be vacated in a letter to the Division Director dated <br />September 8, 1994. The request was denied. During this <br />assessment conference he reiterated his request based on the fact <br />that there was a 10-year, 24-hour storm event on August 3, 1994. <br />Mr. Lopez went on to explain how the problems were taken care of. <br />A leak on the riser pipe on Pond 8 had never been observed <br />because the pond had never filled to this level. They tried <br />various sealants to stop the leak. None were successful so they <br />had a welder repair the hole in the riser pipe. At Pond 7 the <br />gate had been opened and closed frequently because of the <br />unusually wet summer. This wore a hole in the gasket creating <br />the drip leak. The abatement required them to stop the leak. <br />They were able to stop the leak the next day. However, to <br />prevent the problem from reoccurring they replaced the entire <br />valve. The size they needed took several weeks to arrive. <br />I do not feel there is reason to vacate the NOV. The fact that a <br />storm event has occurred which exceeds the design specifications <br />does not negate the need to maintain the primary dewatering <br />devices. <br />The proposed civil penalty was: <br />History $300.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $800.00 <br />