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-2- <br />Notice of Violation No. C-84-073 <br />The company presented comments regarding the facts of violation. The <br />Notice of Violation has been written for covering topsoil with spoil while <br />constructing an approved haul road. The operator observed that the topsoil <br />was actually covered during an earlier attempt to reclaim a pre-law road in <br />the same location. The fact of the violation, i.e., the covering of the <br />topsoil, remains valid. <br />Staff proposed the following civil penalties: <br />History $ 0 <br />Seriousness 250.00 <br />Fault 500.00 <br />T TAL 750.00 <br />Peabody Coal Company opposed the penalty as proposed. The Company contended <br />that fault was unavoidable and should have been assessed at zero dollars. <br />Further, the operator contended that an NOV was not appropriate in this <br />situation, because they believe this violation to be an unavoidable <br />consequence of prudent mining operations. I disagree with that contention, <br />but I find the degree of negligence to be minimal. I am amending the fault <br />component to $250.00. <br />The company performed expeditiously, abating the violation during a <br />period of extremely inclement ground conditions within one week, prior to the <br />abatement deadline. I am, therefore, imposing a good faith adjustment of <br />$250.00, resulting in the following finalized penalty: <br />History $ 0 <br />Seriousness 250.00 <br />Fault 250.00 <br />Good Faith Adjustment -250.00 <br />ena ty ~ .0 <br />JAP/bow <br />Doc. No. 2835 <br />