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Nov c-9~-oos <br />Mountain Coal Company <br />This NOV was issued for failure to construct and maintain a road so as to minimize disturbance <br />to the hydrologic balance and, for failure to segregate topsoil from a disturbed area. Material <br />used to construct an earthen berm at the toe of a road was appazently in the channel of a flowing <br />stream during an inspection and, part of a silt fence at the toe of the embankment was non- <br />functional. <br />HISTORY <br />No NOV's have been issued at this site during the past twelve months. No penalty is assessed <br />for history. <br />SERIOUSNESS <br />Based on photographic evidence collected during [he DMG inspection, it appears that material <br />associated with road construction was located in the path of flowing water within Sylvester <br />Gulch. There is no quantitative data documenting the amount or extent of impact to the quality <br />of water in the stream. However, water quality in the stream was obviously affected to some <br />extent by the material in the path of the flowing water. It is not readily apparent that this impact <br />extended beyond the permit area. <br />in regard to segregation of topsoil, the operator has indicated that placement of subsoil berm <br />material on top of undisturbed topsoil is an accepted and approved practice in the West Elk <br />permit. If this is an approved and effective practice, in terms of reclamation, then loss of topsoil <br />is not being factored into consideration of the seriousness of the violation for purposes of this <br />proposed penalty assessment. This matter may need to be discussed further if an assessment <br />conference is held for this NOV. <br />Based on the impact to the quality of water resulting from deposition of earthen berm material in <br />the stream channel, $500 is assessed for moderate seriousness. <br />