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.I <br /> SETTLEMENT AGREEMENT JUSTIFICATION <br /> NOV C-93-095 <br /> Notice of Violation C-93-095 was issued for "Failure to pass all <br /> surface drainage from the disturbed area through a sediment pond, <br /> a series of ponds or a treatment facility before leaving the <br /> permit area". Tony Waldron issued the NOV to Mid-Continent <br /> Resources at the Coal Basin Mines on June 17, 1993. The NOV <br /> applied to six different areas of the mine site as described <br /> below. <br /> 1. The middle portal bench at the #4 Mine. Water was running <br /> under the berm, outside of the sediment control system. <br /> 2. Runoff was flowing offsite because of a breached berm on the <br /> disturbed area on east end of #5 portal bench. <br /> 3. The containment berm on lower bench at 5 mine. Most of the <br /> runoff was going into a pond, but some was going into the Creek. <br /> 4. A well vegetated topsoil stockpile was not within the <br /> sediment control system. This would qualify for a small area <br /> exemption. <br /> 5. The middle bench at #3 Mine. This was subsequently <br /> identified as a small area exemption. <br /> 6. Runoff from the Pond 022 cleanings that are placed by pond do <br /> not go through the pond. <br /> Diane Delaney and Greg Lewicki, representing MCR, provided <br /> additional information regarding the areas discussed below. <br /> 2. MCR had made a decision, at the urging of the Division, not <br /> to plow the roads allowing the runoff to occur naturally. <br /> Consequently, they were unable to get into this site to repair <br /> the berm. MCR immediately cleared the remaining snow from the <br /> road to repair this site. Also with respect to this particular <br /> site, MCR felt they were being cited twice because of the illegal <br /> culvert cited in NOV C-93-098. The culvert carried the water <br /> off-site. <br /> 5. MCR brought in information showing this was an approved SAE. <br /> 6. The material the Division identified as pond cleanings was a <br /> secondary berm to hold cleanings in. The material removed from <br /> the pond when it was cleaned was properly disposed off last <br /> summer. <br /> Based on information presented in the conference I conclude the <br /> Division did properly cite the breached berm on the #5 portal <br /> bench. Had the berm not breached, there would have been no <br /> runoff from the bench going through the culvert and subsequently <br /> offsite. The culvert placement and the breached berm are two <br /> separate issues. Areas 5 and 6 were improperly cited based on <br /> the information presented by MCR. <br />