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seams of the box. The untreated drainage area at the silo was <br />0.6 acres. The reno mattress was designed for the 100-year <br />event. The capacity was maintained, but the hydraulic force from <br />the August storm caused the rocks to shift creating a hump and <br />directing the runoff to go off-site. A berm was installed during <br />the storm event to redirect the drainage back into the pond. The <br />off-site drainage lasted only a matter of minutes. <br />Based on the information presented, I will uphold the NOV. The <br />fact that a 10-year, 24-hour storm event occurred does not negate <br />these violations. The berm directing the drainage around the <br />western part of the coal stockpile was not in place during the <br />storm. It appears to have been constructed during the clean-up <br />activities. The box collecting coal fines under the conveyor <br />belt is not a designed structure and therefore is not subject to <br />the 10-year,. 24-hour design requirement. The ground was <br />saturated allowing some coal fines to seep beneath the structure <br />and the seam had torn apart where additional material escaped. <br />There was evidence ,albeit very small, of coal outside the <br />disturbed area. The tilt contributing to the off-site drainage <br />at the coal silo was not apparent during Joe Dudash's previous <br />inspection, it may have occurred as a result. of the storm or the <br />subsequent clean-up. In any event, because of the configuration <br />of the pad during Joe Dudash's August 12 inspection, a small <br />amount of drainage would have been directed off-site. The reno <br />mattress was designed for the 100-year, 24-hour storm event. It <br />should have functioned during the August 3, 1994 storm. <br />The proposed civil penalty was: <br />History $300.00 <br />Seriousness $1000.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $2050.00 <br />History <br />The operator has received six NOV's during the past twelve <br />months. <br />Seriousness <br />I agree with the proposed penalty. Off-site drainage did occur <br />as a result of drainage from the disconfigured reno mattress. <br />Duration was short. There was also evidence of off site flow at <br />along the railroad tracks and beneath the conveyor belt. Off- <br />site drainage from a mine site the seriousness is considered <br />significant. <br />cult <br />The proposed penalty reflects a high level of negligence. The <br />narrative states that there appears to have been adequate <br />opportunity to remedy the cited situation. <br />