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-2- <br />3. Extent of Damage <br />1 <br />The extent of damage was estimated to be 2000 yd3 of spoil side <br />cos into the drat e. The extent is large and in an area not .' <br />~ered by a bond. <br />Because of the relatively large disturbance to an undisturbed area <br />and disruption to the natural characteristics of the stream channel, <br />seriousness is considered significant and the proposed civil penalty <br />is $1,500.00. <br />Seriousness: $1,500.00 -?~~ `;0 o•b 0 <br />Fault -Rule 5.04.5(2)(c) <br />Maximum penalty for fault is $1,500.00. Fault is divided into three <br />categories. This violation is considered to be in the most serious category <br />of fault. The penalty assessed must be at least $750.00 and not more than <br />~' $1,50).00. This violation occurred as a result of not following the mine <br />plan. Exhibit 12-9 and Profile B-B', Exhibit 12-9-B show that the area of the <br />violation was not approved for disturbance. Additionally, page 12-48 of the <br />approved permit application states that: "Spoil material from subsequent cuts <br />is placed in the preceding open pit once coal has been removed." As noted <br />above, spoil was being placed in an undisturbed drainage. <br />At the time of the inspection, Seneca had submitted a permit revi on to <br />allow spoiling in this drainage and the creation of a permanent fill. ~t <br />appears that this revision was being implemented without approval and resulted <br />in this NOV. The proposed penalty assessment is $1,200.00. <br />Fault: $1,200.00 <br />Totals: History $ 0.00 ~• N~'~-nc_a..-- ~`~•aD <br />Seriousness $1,500.00 <br />Fault .$~,1,~.2~0,0~.0~0 Cf~d~- "fiha'1'" ~~ b°~`~~01~ <br />TOTAL ac,iuu.uu <br />(N''A^ ~ ~ oreA ~ ~' vas <br />AB/bow <br />Doc. No. 2939 <br />Ghnk- 11~"-- 4'°'c <br />