1989-10-26_GENERAL DOCUMENTS - C1981017

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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR NOV C-89-017 NOV 0-89-017 was written for "failure to construct sediment control measures for the topsoil stockpile under construction northwest of the Sutey wastepile expansion". Mr. Stevens explained that there was no sediment control around the topsoil stockpile. Site preparation for the stockpile commenced last fall , ceased during the winter, and construction of the stockpile was fully underway in April . This lack of sediment control was observed during Mr. Stevens' May 24-26 inspection. In a review of past correspondence Mr. Stevens realized that no sediment control measures had been considered in the revision review. Tnis was inadvertently missed by both the Division and the operator. The operator contested the fact of the violation. There was no evidence of environmental damage. Furthermore, Ms. Delaney felt that since the sediment control plan was overlooked during the review by both the Division and Mid-Continent Resources, Inc. , and that the long-term abatement plan approved by the Division (a containment area at the base of the pile) can not be constructed until after the pile is completed, the NOV should be vacated. I disagree. Rule 4.05.2( 1 ) clearly requires that "all surface drainage from the disturbed area . . .shall be passed through a sedimentation pond, a series of sedimentation ponds, or a treatment facility before leaving the permit area" . Sediment control measures are to be constructed prior to disturbance. The proposed civil penalty was: History $ 50.00 Seriousness 250.00 Fault 250.00 Good Faith 0.00 TOTAL $_35_66 History There has been one NOV during the past twelve months that is no longer the subject of pending administrative review. Seriousness No actual damage was observed. There was a grass buffer zone that essentially treated the runoff before it hit a clear water diversion. However, there was the potential for damage especially during the construction phase if a large storm event would have occurred. I agree with the proposed penalty.