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B. Notice of Violation 81-15 (failure to construct sedi- <br />ment control prior to distrubance). <br />The management personnel who made the decision to strip <br />the topsoil at the Northgate Loadout believed that the interim <br />permit for the Bourg Mine included the Northgate Loadout. <br />Therefore, they assumed that a sediment control plan had been <br />submitted and failed to confirm that assumption prior to <br />stripping the topsoil. Furthermore, it is the opinion of Walden <br />Coal Company and its consultants that the natural terrain, depres- <br />sion at northeast corner, and manmade obstructions, railroad <br />embankment to the north and loading ramp on the east would prevent <br />any significant environmental harm. <br />In the light of the above comments and the discussions on <br />June 17, the following penalty proposals are made. <br />(1) The $100.00 for "History" is not disputed. <br />(2) Under the "Seriousness" section S9alden Coal believes <br />that the probability of the occurence of damage as a result of <br />not constructing sediment control facilities was and is very <br />slight and no damage has occured. An assessment of $150.00 is <br />proposed for probability of occurence. The duration and extent <br />of the potential or actual damage on the public environmental, <br />as discussed above, is minimal. An assessment of $200.00 is <br />proposed for duration and extent. <br />(3) The degree of fault in causing this violation is <br />negligence. The personnel who made the decision to strip the <br />topsoil did so without diligently checking the permit document <br />to determine if sediment control facilities were required at <br />the Northgate Loadout. Although Walden Coal was cited for a <br />similar violation no penalty was assessed (see attached cor- <br />respondence). An assessment of $200.00 is proposed for fault. <br />Total proposed penalty for Nov 81-15 is $650.00. <br />C. Notice of Violation 51-16 (failure to protect stock- <br />piled topsoil). <br />The topsoil in question was stripped on April 14, and April <br />15. The inspection resulting in Nov 81-16 was conducted on <br />April 21. The topsoil was seeded and mulched on April 24. <br />The following penalty proposals are made. <br />(1) For "History" 5100.00. <br />(2) The probability of occurrence under "Seriousness" <br />was insignificant. A minimal amount of topsoil may have been <br />dispersed by the wind but the amount was insignificant. An <br />assessment of $150.00 is proposed. The duration and extent of <br />the potential or actual damage to the environment was minimal. <br />An assessment of $200.00 is proposed. <br />-2- <br />