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iii iiiiiiiiiiiii iii <br />Civil Penalty Assessment <br />Wyoming Fuel Company <br />Permit No. C-81-012 <br />Notice of Violation No. C-91-014 <br />This violation was written due to the operator's failure to properly design <br />and construct sediment ponds and treatment facilities. Certain structures <br />have been installed at the mine site to control sediment: however, designs <br />were not approved prior to construction, and the structures do not appear to <br />be designed in accordance with Rule a. 05.6. Our inspector has observed that <br />the structures are functioning to control sediment. <br />History <br />No Notices of Violation have been issued to the Wyoming Fuel Company, <br />New Elk Mine in the last 12 months. S 0 <br />Seriousness <br />The structures control sediment from relatively small areas. There is no <br />evidence that the structures have discharged, nor is there any evidence <br />that the structures are susceptible to failure. The structures are <br />intended to control sediment, and they appear to be fulfilling that <br />purpose. Seriousness is deemed to be low. E250.00 <br />Fault <br />Although the situation was avoidable, there is no evidence that the <br />operator intentionally bypassed the law. Negligence is deemed to be <br />moderate in this case, in that the need to properly design and permit <br />sediment control structures prior to implementation is a well known <br />requirement. Maximum negligence is not appropriate due to the fact that <br />the Division instructed the operator to delay design submittals pending <br />the outcome of a Ten Day Notice appeal pertaining to this situation. <br />5500_00 <br />Total penalty Assessed = E750.00 <br />/e rn <br />7977E <br />