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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-86-022 NOV C-86-022 was written for "failure to adequately monitor ground water monitoring sites as per the Regulations and the approved permit". As reported in Kerr Coal Company's Annual Hydrologic Report (AHR), hydrologic monitoring data was not available from two bedrock wells and one alluvial well. Steve Renner explained that two wells, AO-2 and DH-4, had been damaged by cattle and at Well 79-26 the casing was broken which prevented the collection of water quality data. This was written as an administrative violation. Kerr Coal Company contested the fact of the violation, The missing data and the causes for it had been discussed in the AHR and solutions were proposed to remedy the problem this spring/summer, Additionally, the operator questioned whether they were obligated to insure the wells would not be disturbed. They explained it is not feasible to guarantee there will be no stock or other type of damage. I feel a violation did occur, Although the operator was diligent in identifying and reporting the missing information, data was missing from the wells since April, 1984 for AO-2, since October, 1984 for DH-4 and since 1981 for the water quality data at Well 79-76. It is the operator's responsibility to maintain wells on a timely basis so that the water monitoring plan can be conducted as approved in the permit. Therefore, when stock damage occurs the damaged well should be repaired as soon thereafter as possible to prevent disruption of the monitoring plan. If damage to a well occurs that will cause a disruption to the monitoring plan, it should be reported immediately to the Division, In this case damage was not reported until at least fourteen(14) months after the fact. The proposed civil penalty was: History S 0,00 Seriousness 100.00 Fault 0.00 Good Faith 0.00 TOTAL ~G History No previous NOVs Seriousness There was some loss of data from these wells and the Division's ability to assess hydrologic impacts has been slightly hindered, I agree with the proposed penalty. Fault I agree with the proposed penalty.