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*Sufficient topsoil and subsoil exists to reclaim all of the <br />disturbance at the West Elk Mine. <br />The proposed civil penalty was: <br />History $ 0.00 <br />Seriousness $1250.00 <br />Fault $ 750.00 <br />Good Faith $ 0.00 <br />Historv <br />A civil penalty for history would not be appropriate as there have <br />been no NOV's issued to this mine during the past year. A $0.00 <br />civil penalty is appropriate. <br />Seriousness <br />It is very clear from the Mountain Coal Company permitting <br />documents that topsoil and subsoil were required to be properly <br />salvaged and stockpiled for use in final reclamation. It is clear <br />that there was at least 18 inches of subsoil on the bench in the <br />area contaminated during ramping activities which for the most part <br />could have been salvaged prior to ramping. The permit only <br />permitted two stockpiles on the top of the active Lower Refuse <br />Pile, not three. <br />It is clear that the permit requires that subsoil and topsoil be <br />salvaged while in a dry state to protect the physical <br />characteristics of the growth medium. I believe that the <br />climatological data provided clearly indicates that the subsoil and <br />topsoil was dry during salvage operations with the exception of the <br />ditch area and that the surface that the dozer operator crossed may <br />have been dry at the time as indicated by the operator's <br />representatives. The dozer operator simply made an operational <br />error in attempting to cross the ditch without first inspecting <br />ditch for potential subsurface, high moisture conditions. <br />I concluded the Assessment Conference by stating that I would not <br />reduce the level for seriousness. After additional deliberation on <br />the facts regarding subsoil salvage during wet conditions, I will <br />give the benefit of the doubt to the operator. However, I still <br />believe that the issues regarding contamination of subsoil during <br />ramping, failure to salvage subsoil prior to ramping and <br />commencement of a third stockpile prior to approval are significant <br />in seriousness. <br />I propose $1000.00 for seriousness. <br />Fault <br />A high level of negligence was exhibited based upon the permit <br />