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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-95-007 <br />Notice of Violation C-95-007 was issued for failure to minimize erosion and siltation associated <br />with haul road drainage structures and for Gaul road drainage contributing additional suspended <br />solids to streamflow or to runoff outside the permit area. The NOV was issued on March 31, <br />1995 by Wally Erickson to Seneca Coal Company at the Seneca II-W Mine. It was subsequently <br />modified several times as delineated in the attached June 7, 1995 memo from Wally Erickson <br />to Sandy Brown. The NOV cites five different locations that were in violation. They are: haul <br />road ditch (HRD) A-1, tie across haul road ditch (TAHRD) lC7, tie across haul road culvert <br />(TAHRC) rrl, the outlet of culvert G-2 that drains into Dry Creek and mine entrance road <br />culvert 5 (ME-5). Mr. Erickson showed slides of each location. They are discussed below. <br />The ditch outlet channel at HRD-A1 was eroded. A gully 18 inches deep and 24 inches wide <br />had formed. This ditch is inside the permit area. <br />Excessive erosion was observed at TAHRD N7 . There was a gully in the ditch 18 inches deep <br />and 24 inches wide. The discharge from this ditch flowed beyond the permit area, and through <br />a wheat field. An eroded channel was observed in the wheat field terminating is a sediment <br />delta approximately 20 feet in diameter, 3-6 inches deep. Off site sediment deposition was cited. <br />The outlet ditch of TAHR culvert ~1 is armored with river rock. Beyond the river rock lining <br />the unlined ditch has eroded into a gully 4 feet deep which extends 10 feet before flowing into <br />the stream channel. <br />A large deposition of silt, road gravel, and coal slack was observed in Dry Creek beyond the <br />outlet of culvert G-2. A sediment delta approximately 50 feet wide, 6-10 inches deep extended <br />into the Dry Creek channel. Coal fines were observed in the creek channel downstream to <br />culvert G-1. A silt fence constructed to trap sediment before entering Dry Creek had been <br />bypassed. <br />A silt fence had been installed to prevent road sediment from entering the 006 gulch at mine <br />entrance culvert 5 (ME-5). However a channel had undercut the silt fence and sediment from <br />the road ditch was entering the 006 gulch. Haul road drainage was contributing additional <br />suspended solids to stream flow. <br />Michael Altavilla and Chuck McCu(loh, representing Seneca Coal Company provided some <br />additional information regarding most of the locations. The gully at TAHRC-JJl has been in <br />existence for several years. The rock channel was not originally extended, because the rock <br />makes the channel impassable by farming equipment. Furthermore, Mr. McCulloh expressed <br />his frustration at the fact that in an earlier inspection during March, 1995 this gully was noted <br />as a maintenance issue, it was not a violation. Due to extremely wet weather conditions they <br />had not had an opportunity to fix it. It has now been repaired. <br />