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History $150.00 <br />Seriousness $1000.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $1900.00 <br />History <br />Twentymile Coal Company has received three NOV's during the past <br />twelve months. <br />Seriousness <br />The proposed penalty was assessed based on, "an undetermined <br />amount of sediment and drill cuttings left the permit areas as a <br />result of untreated runoff entering streams. Off-site impacts to <br />the hydrologic balance which could have been prevented with <br />available technology are significant." <br />Based on the evidence presented, it seems to me that some flow <br />did go into Foidel Creek from the blocked culvert and rock <br />checkdam. However, the flow appeared minimal and there was a <br />vegetative cover to serve as a filter. It is not clear to me <br />from the pictures that drill cuttings went into Fish Creek. It <br />is clear that cuttings went off the drill pad but the trail into <br />the creek was difficult to see. <br />Based on the information presented I conclude the seriousness was <br />assessed too high. There was no flow going into the creeks <br />during the inspection. I question if there was flow into Fish <br />Creek from the drill pad. A vegetative cover served as a filter <br />below both areas. I propose to reduce this to $750.00. <br />Fault <br />Mr. Mills requested that I take the weather conditions into <br />consideration and reduce the fault component. I considered this, <br />but I agree with the proposed assessment. <br />Good Faith <br />Mr. Mills stated that the culvert was cleaned the day after the <br />inspection and the rockfilter was replaced two days after the <br />inspection. All depositional material was removed. <br />Access to the Fish Creek well was possible in mid-April, any <br />sooner and the equipment would have created additional damage. <br />Conditions deteriorated again shortly after the drill cuttings <br />were removed. <br />The abatement deadline for the NOV was May 30, 1 <br />recommending a good faith reduction of $250.00. <br />abated in the shortest time possible. There was <br />amount of time in April when the Fish Creek well <br />The operator made an extraordinary effort to get <br />and out without creating additional damage. <br />394. I am <br />The NOV was <br />only a limited <br />was accessible. <br />the equipment in <br />