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Summary <br />History <br />Seriousness <br />Fault <br />TOTAL <br />Rounded to <br />- S 100.00 <br />- S 656.00 <br />- S 750.00 <br />51,506.00 <br />T 5~ 00.00 <br />Notice of Violation CV-84-030 <br />-5- <br />This violation was written for the failure of the permittee to <br />contemporaneously reclaim the final cuts in Pit No. 2. Within the approved <br />permit document the permittee commits to backfilling and grading with 60 days <br />of coal removal. Additionally it is stated that backf111ing will not lag <br />behind coal removal by more than 1,500 1l near feet. <br />I <br />History <br />The permittee has received two previous violations which are not <br />currently under administrative review 1n the preceding calendar year. <br />These violations were NOV's 83-31 and 83-32. The Division must assess a <br />history component of 550.00 for each violation. <br />History Total: <br />II <br />Seriousness <br />f 100.00 <br />The Divtsfon views this violation as a violation of the applicable <br />performance standards and the permittee's approved permit document and <br />mine plan. There are three criteria by which the Division has judged <br />the seriousness Component. <br />1. Probability of Damage Occurrence <br />The Division views contemporaneous reclamation issues a very <br />significant. Though no damage actually occurred at this time, the <br />Division feels that since there are significant matertaT balance and <br />approximate original contour questions at the Trinidad Basin Mine, <br />failure to contemporaneously reclaim may only aggravate these <br />concerns. The Division therefore assesses a value of 3, indicating <br />that potential damage may occur. <br />2. Duration of Damage <br />This situation has existed for great than 90 days at the mine. The <br />Dl vision therefore assesses a value of 4 (or long) for the duration <br />of damage. <br />