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-3- <br />of sediment-laden waters into uncontrolled areas which were not pennitted <br />to be disturbed. Fortunately, West Elk Coal Company responded very <br />quickly in correcting the violations noted in the inspection. For this <br />reason, 1 am giving maximum credit for good faith, but I am not vacatiny <br />the violation, since, in fact, the ditch was not being maintained to <br />prevent waters from disturbed areas leaving the affected area in an <br />uncontrolled manner. <br />Taking into account the Consol. case, the combination of conditions at <br />the site, and the relatively minor nature of the other two areas of <br />concern (the area under the pressure and the snow blocking a culvert at <br />the east end of the site), I a~n proposing a reduction of the seriousness <br />component to $500.00. This reduction, when combined with the good faith <br />component, which is quite justifiable (as described in the original civil <br />penalty proposal prepared by Bob Liddle on t~tarch 31, 1983), results in a <br />civil penalty of $O.UO. <br />Ooc. No. 2916 <br /> <br />