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Fault <br />The Division approved Sun Coal Company's revision based on their calculations that removal <br />of the ditches would allow adequate storage capacity in the NW impoundment. Subsequently, <br />the Division and Sun Coal realized that this solution would not be adequate. Another <br />revision was submitted to bring the structure into compliance. Although, Sun Coal was <br />working in good faith to resolve the defect, after some consideration, I agree with the <br />proposed penalty. I do not believe the violation was unavoidable. The situation could have <br />been prevented by more diligent completion of permitting and ground compliance. <br />Good Faith <br />There is no evidence of good faith. <br />Settlement Agreement Penalty <br />History $100.00 <br />Seriousness $ 0.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $350.00 <br />