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Mr. Dave McMindes -2- June 12, 1984 <br />' Rationale of Proposed Civil Penalty <br />Energy No. 3 Mine <br />NOV C-84-081 <br />An inspection of the mine was conducted on May 16, 1984. Several drainage <br />problems were noted during the inspection. Ditch H-3 had breached and caused <br />gullies on the outslope immediately downgrade. Ditch P-1 was obstructed which <br />caused drainage to bypass the Middle Creek Pit. The main haul road drainage <br />ditch was breached above the approved relief site. The access road at the <br />tipple caused drainage to short circuit the approved pond collection ditch. <br />Notice of Violation C-84-081 was issued for failure to maintain the approved <br />drainage control system. <br />The civil penalty was assessed in accordance with the procedure set forth in <br />Rule 5.04.5. <br />Rule 5.04.5(2)(a) - History of Previous Violations <br />This rule requires that $50.00 be assessed for each violation issued during <br />the past 12 months up to $1,750.00. As no violations were issued during the <br />past 12 months no penalty was assessed. <br />History <br />Rule 5.04.5(2)(b) - Seriousness of the Violati <br />$ -o <br />This rule requires that up to $1,750.00 be assessed for seriousness based on <br />probability of damage occurring, duration of damage, and extent of damage. <br />~~ <br />_ ~ ~Jo o n <br />1D~- <br />Of the four drainage concerns noted, the breach in Ditch H-3 was most <br />serious. It has caused 2-3 foot gullies in the outslope below the breach. It <br />had also caused head cutting of 3-5 feet in the receiving drainage channel (an <br />unnamed tributary to Middle Creek). It is doubtful that the stream channel <br />could be repaired due to its location and extent of damage. <br />Drainage from Ditch P-1 was by-passing the approved sediment control system as <br />was the drainage at the tipple access road. It is unknown what the quality of <br />the discharge would be but impacts at the time of the inspection would be <br />minor due to high spring stream flows. <br />Based on a consideration of the above items a penalty in the seriousness <br />category was assessed in the moderate range. Thirty percent of the maximum <br />penalty was assessed. <br />Seriousness $ 500.00 <br />