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Officer wherein the amount of the civil penalty was reduced to <br /> $1, 000. 00. P&M declined to agree to the Settlement Agreement. <br /> On June 3 , 1993 , CDMG issued a notice to P&M affirming NOV-24 and <br /> ordering P&M to pay a fixed penalty in the amount of $1, 000. 00 <br /> for NOV-24 . <br /> 6. P&M contests both the fact of the violation alleged in <br /> NOV-24 and the amount of the penalty assessed, and raises the <br /> following objections and issues: <br /> THERE IS INSUFFICIENT DATA TO DEMONSTRATE THAT THE <br /> ACCESS ROAD CITED IN NOV-24 IS NOT BEING MAINTAINED SO <br /> AS TO CONTROL OR PREVENT EROSION AND SILTATION, <br /> POLLUTION OF WATER, OR DAMAGE TO PUBLIC OR PRIVATE <br /> PROPERTY, TARING INTO CONSIDERATION THE PHYSICAL <br /> CHARACTERISTICS OF THE LOCATION OF THE ACCESS ROAD. <br /> The access road identified in NOV-24 as the "Goat Trail" <br /> traverses a steep slope between the coal dump hopper and the coal <br /> loadout facilities at the Edna Mine. The road exists primarily <br /> to access and service a coal conveyor belt system which <br /> transports coal down the slope from the dump hopper to the <br /> loadout facilities. The road and the conveyor were constructed <br /> in the early 1950 's and have been in continuous use since. <br /> Due to the steepness of the slope upon which the access road <br /> is constructed, the road contains numerous switchbacks. P&M has <br /> constructed a safety berm the entire length of the outslope side <br /> of the road which incidentally prevents surface water runoff from <br /> flowing over the edge of the road and down the slope. Primary <br /> drainage control is obtained by grading the road to direct <br /> surface water runoff from the road into ditches on the inslope <br /> side of the road. These inslope ditches also intercept surface <br /> water runoff from the undisturbed lands between the road segments <br /> -3- <br />