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-3- <br />4. NOV C-89-009 was issued April 4, 1989 for failure to pass all disturbed <br />arainage ru a sedimentation pond and failure to employ sediment control <br />measures specified in the approved plan. Specifically, a small ditch was <br />constructed to convey disturbed (area) runoff from the lower bench, <br />bypassing the sediment pond; non-erosive channels to convey disturbed <br />runoff to the sediment pond were not constructed; and a berm to prevent <br />sloughage of coal over the upper bench outslope had not been constructed. <br />Rule 4.05.2(1), 4.05,5(1)(c), 4.05.5(2)(e) and (f), Map #1, MR #1, and <br />Permit Section 2.04.7 were cited in support of the violation. <br />5 <br />6 <br />Abatement consisted of eliminating the non-approved ditch on the lower <br />bench and constructing the necessary berm or removing the coal stockpile <br />by April l7, 1989. Additional abatement was to submit a complete <br />technical revision application addressing a revised plan for safely <br />conveying disturbed runoff trom the upper and lower benches to the <br />sediment pond by July 3, 1989. The NOV was terminated July 3, 1989. <br />The penalty proposed for the violation was 1650.00, <br />An assessment conference was held June 19, 1989. The violation was <br />upheld and the proposed penalty was not reduced. <br />The proposed penalty was paid August 31, 1989. <br />CO C-89-O11 was issued April 18, 1989 <br />w is requires that either a berm be <br />upper bench or the coal be removed. <br />for failure to abate NOV C-89-009 <br />placed around the coal stored on the <br />Abatement was to either construct a berm around the coal stored on the <br />upper bench or remove coal. (The coal was apparently removed by the end <br />of the day since the violation was terminated April 18, 1989. The coal <br />was, however, conveyed to the Durango landfill for disposal which <br />resulted in the issuance of NOV C-89-012.) <br />The proposed penalty for this violation was 1750.00. <br />An assessment conference was held June 19, 1989. The violation was <br />upheld and the required minimum penalty of 1750.00/day was assessed for <br />one day. <br />The penalty was paid August 31, 1989. <br />NOV C-89-012 was issued April 18, 1989 for failure to dispose of <br />unaergrouno development waste within the permit area. Specifically, <br />waste was being trucked to a landfill. <br />Rule 4.09.1 was cited as being violated. <br />Abatement was to cease hauling and disposal immediately. (Apparently the <br />operator did this). The violation was terminated April 18, 1989. <br />The proposed penalty for this violation was 5900.00. <br />