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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-90-045 NOV C-90-045 was written for failure to maintain a culvert as designed to properly convey drainage under an access road, Specifically, the outlet of Culvert 6 was two-thirds full of sediment. Mr. Waldron showed slides of the blocked culvert. The main issue with this NOV was jurisdiction, It was unclear whether the county or H-G was responsible for maintaining it. After talking to the county and reviewing the permit Mr. Waldron determined that it was H-G's responsibility. Mr. Kilter's main contention was that although H-G may be responsible for that particular culvert's maintenance, the only mine water it carries is the discharge from a pond. It was the county road debris that clogged the culvert. It's below a turnaround area that is used frequently, the county snowplowing created a lot of debris that went into the ditch, and the road ditch below the culvert in question was blocked with cattails. Becuase of the circumstances, there was no drainage below the culvert and all flow backed up into the culvert. H-G had cleaned the culvert last year. The county debris clogged it this year. The proposed civil penalty was: History $ 0.00 Seriousness 250.00 Foul t 250,00 Good Faith 0:00 TOTAL -501fII6 History There have been no NOV's or CO's during the past twelve months. One NOV was issued, but it has been vacated. Seriousness I agree with the proposed penalty. Foul t I agree with the proposed penalty. The operator has a valid concern regarding the fact that the county contributes heavily to the blockage. However, it is in their permit and H-G is responsible for maintaining it. Good Faith The NOV has been abated and terminated. It was abated in a prudent, timely manner, but there was evidence of extraordinary effort. Final Civil Penalty History $ 0,00 Seriousness 250,00 Fault 250,00 Good Faith 0,00 TOTAL 500,00 scg/2356F