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' [3. Noticr_ of VioL,,Ci.on s31-LS (failure Lr~ construcC sedi- <br />ment control prior to distrubancc). <br />The management personnel wi,o made the decision to strip <br />the topsoil at the NortligaL'c LoadouC believed that the interim <br />permit for the C3oury Mine included Chc FJOrthyate Loadout. <br />Therefore, they assumed that a sediment control lrlan 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 consuls:ants that the nntura] terrain, depres- <br />sion at northeast corner, and manmade ohsLrucCions, railroad <br />embankment to the north and loading ramp on the east would prevent <br />any significant environmental harm. <br />7n the light of the above comments and the discussions on <br />3une 17, the following penalty proposals arc made. <br />(1) The $100.00 for "History" is noC disputed. <br />(2) Under Chc "Seriousness" section 1•Jalden Coal believes <br />that the probability oC the occurcnce of: damage as a result of <br />not constructing sediment control facilities •.aas and is very <br />slight and no damage has occured. An assessment of $150.00 is <br />proposed for probabili.Cy of occurence. The dur.ati.on and extent <br />of the potential•or actual damage on thr~ public environmental, <br />as discussed above, is minirnnl. An asse,sment of 5200.00 is <br />proposed for duration and extent. <br />(3) The dcyren oP fault in causing this violation is <br />negligence. The personnel who made Chc decision to strip the <br />topsoil did so without diligently checki.ny Chc permit document <br />to determine if sedimcnC control faci].i.C.i.es were required at <br />the Northgate Loadout. A1Chouyh Walelen Coal was cited for a <br />similar violation no penalty was assessed (see attached cor- <br />respondence). M assessment of $200.00 is proposed for fault. <br />Total proposed penalty for Nov 31-15 is 5650.00. <br />•• ~• C. CJOtice of Violation B1-16 (failure to protect stock- <br />• piled topsoil). <br />The topsoil in qucsCion was stripped on April 14, anti April <br />15. The inspection resulting .in Nov 31-1G was conducted on <br />April 21. The topsoil was seeded and mulched on April 24. <br />The following pcnalL-y proposals, arc made. <br />(1) For "IlisLory" 5100.00. <br />(2) The probability of occurrence under "Seriousness" <br />was insignificant. A minimal amount of Lopso.il. may have been <br />dispersed by the wind but the amount was insign.iCicant. An <br />assessment of $150.00 i.s proposed. The duration and extent of <br />the potential or actual damage to the environment was minimal. <br />An assessment of 5200.00 is proposed. <br />-2- <br />