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Seneca Coal Company/Yoast Mine <br />NOV CV-2004-002 <br />History <br />Three NOVs and two COs were issued to this mine in the previous 12-month period. <br />$650 is assessed for History. <br />Seriousness <br />The gully in the drainage azea below culvert YB-6 indicates a significant degree of <br />seriousness due to: <br />1) The actual physical damage (rather than just potential damage), <br />2) The lazge extent of the damage (several hundred feet long, maximum width <br />exceeding 10 feet, maximum depth approximately 12 feet), <br />3) The long time duration of the damage (a gully of this size indicates multiple <br />episodes of runoff), and <br />4) The location of the damage (on grownd that has not been approved for <br />disturbance by mining operations). <br />$1250 is assessed for Seriousness. <br />Fault <br />A high level of negligence is indicated by the absence of care given to preventing erosion <br />where the gully formed below culvert YB-6. The sediment accumulations in culverts <br />YB-6 and YB-1 reduced the capacities well below what is necessary for adequate <br />conveyance of runoff. The sediment accumulations indicate an absence of caze in <br />maintaining the drainage system at this location. $750 is assessed for Fault. <br />Good Faith <br />The NOV has not yet been abated and terminated; therefore, consideration of good faith <br />is not appropriate at this time. <br />