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- ~: <br />Historv <br />Twentymile Coal Company has received three NOV's during the past <br />twelve months. <br />$150.00 is appropriate. <br />Seriousness <br />After consideration of the facts presented by Mr. Gorham and Mr. <br />Koehler and the low level of damage I assess a moderate level for <br />damage to an area in the process of being reclaimed. <br />$500.00 is proposed for seriousness. <br />Fault <br />I concur that a high level of negligence caused material to be <br />placed on the runoff ditch which prohibited surface runoff from <br />being diverted to where it was designed to go. <br />$750.00 is appropriate. <br />Good Faith <br />Twentymile Coal Company opened the drainage ditch and reestablished <br />the silt fence on the same day that the inspection report and NOV <br />was written. This action corrected the problem with the surface <br />runoff control structure and demonstrated rapid compliance. <br />$250.00 credit is proposed for good faith. <br />1 <br />Settlement Acxreement Penalty <br />History $150.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Good Faith ($250.00) <br />Total Penalty $1150.00 <br />