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.^ <br />BLUE RIBBON NINE <br />N.O.V. C-84-004 <br />Description of the Violation <br />On January 23, 1984, an inspection was conducted of the Blue Ribbon Mine. <br />During the inspection it was noted that the coal stockpile west of Hubbard <br />Creek had been expanded. The additional coal placed at the stockpile creeped <br />to the west and covered the perimeter diversion ditch and a portion of the <br />topsoil stockpile. <br />A Notice of Violation was written for failure to protect soil resources and <br />failure to maintain the drainage and sediment control system. <br />Rational for Proposed Civil Penalty <br />The penalty was assess 1n accordance with the procedures set forth in Rule <br />5.04.5 <br />Rule 5.04.5(2)(a) - Historv of Previous Violations: <br />This rule requires that 550.00 be assessed for each previous violation issued <br />within the past 12 months, up to a maximum of 51,750.00. As one violation was <br />issued to the operator during the past twelve months, the penalty assessed was <br />550.00. <br />History Total: 550.00 <br />Rule 5.04.5(2)(b) - Seriousness of the Violation <br />1. Probability of Damage Occurring - During a spring snowmelt coal fines and <br />coal leachate have the potential to flow offslte due to the coal in the <br />diversion ditch. Topsoil contamination did occur but if careful separation <br />measures are undertaken, only a small amount of topsoil will be lost. <br />2. Duration of Damage - Any topsail contaminated would need to be replaced. <br />Any offsite impacts for the discharge could be short term during spring runoff <br />but more significant and long lasting during low flows. <br />3. Extent of Damage - At the time of the inspection no actual offslte <br />discharge was noted. Topsoil potentially affected was 5 feet high 6 inches <br />deep, and 30 feet long or approximately 75 cubic feet. <br />Based on these factors (60.00 was assessed for failure to protect soil <br />resources and 5200.00 for failure to maintain the drainage control system. <br />Seriousness Total: 5260.00 <br />