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<br />Snowmass Coal Co. <br />NOV C-84-048 <br />Description of the Violation <br />During my inspection of March 21, 1984 it was noted that a small pile of coal <br />refuse was pushed over the outslope of the reclaimed portion of the refuse <br />pile. The size of the pile was approximately 15 feet wide, 20 feet long and <br />4-5 feet deep. The refuse covered a topsoiled and reclaimed area. Some of <br />the material had washed down the outslope of the reclaimed area onto a lower <br />terrace. A notice of violation was issued for failure to protect soil <br />resources and failure to properly dispose of coal refuse. <br />On April 9, 1984 after the violation had been issued, Scott Jones sent a <br />letter to the Division along with a picture of the pile. In the process of <br />cleaning up the pile it was noted that most of the pile was snow with <br />approximately one foot of refuse covering the pile. <br />This information seemed to indicate that snow removal was the cause of the <br />problem not a deliberate act of failing to properly dispose of refuse <br />material. Therefore, the penalty was assessed in light of this information <br />and considering the amount of topsoil contaminated. <br />Rationale of Proposed Penalty <br />The penalty was assessed in accordance with the procedures set forth in Rule <br />5.04.5. <br />Rule 5.04.5(2)(a) - History of Previous Violations: <br />This rule requires that $50.00 be assessed for each previous violation issued <br />within the past 12 months, up to a maximum of $1,750.00. As no violations <br />were issued to the operator during the past twelve months, the penalty <br />assessed was $0.00. <br />History Total $ 0.00 <br />Rule 5.04.5(2)(b) -Seriousness of the Violation <br />1. Probability of Damage Occurring: Damage to the reclaimed areas of the <br />refuse pile has occurred. The refuse has contaminated topsoil. <br />2. Duration of Dama e: Some topsoil may be lost when the refuse is <br />remove he area wi probably need to be reseeded. Reclamation may <br />therefore be delayed one extra year. <br />3. Extent of Damage: The area covered by refuse is a strip about 15 feet <br />by 200 feet. <br />Given the size of the damaged area, the seriousness of the violation is <br />assessed at $400.00. <br />Seriousness $400.00 <br />