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discharge PP2. Mr. Chervick and Mr. Shrestha stated that the crew foreman was well aware of the procedure which required notification of the environmental coordinator and NPDES sample collection whenever the pond was discharged into Scullion Gulch (the water system also allows for recirculation of PP2 water through the previously mentioned line back into the prep plant). The operator representatives stated that there had not previously been problems with meeting discharge standards when PP2 was discharged. Jeff Dubbert, mine engineer, indicated that as a result of recent increased production levels, fines had accumulated at a higher rate than in the past and more of the ponds capacity was filled than previously, a fact which the work crew may not have taken into account. Mr. Chervick stated that the individuals on the work crew were normally conscientious in complying with company policies, permit requirements and regulations, and that they would not have intentionally discharged water heavily laden with coal fines directly into Scullion Gulch. He pointed out that the PP2 discharge location is over a rise and out of site of the pond and the location where the construction crew was working. He also stated that due to snowfall during and after the discharge event, the coal fines along Scullion Gulch were obscured until the day of the inspection. Mr. Chervick showed several recent photographs depicting the current condition of the affected areas along Scullion Gulch. For the most part, it appears that runoff subsequent to the inspection carried most of the coal material along the channel down to the depositional area at the mouth of the gulch. The coaly delta appears to have been partially covered over by native sediments, and vegetative regrowth appeared to be establishing in the affected area. Fact of Violation The operator representatives did not dispute the fact that a violation had occurred. Coal fines had been deposited outside of the disturbed area, as a result of the intentional dewatering of PP2 by a mine construction crew. Civil Penalty Assessment Proposed Penalty Assessment History $ 50.00 Seriousness 1,750.00 Fault 1,500.00 Good Faith Total $3,300.00 History The History component was not disputed.