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1. Background <br />Kerr Coal Company operates a coal loading <br />facility, also referred to as a tipple, in <br />• {Jalden, Colorado, at least ten miles from its <br />surface coal mining and reclamation operation. <br />This facility occupies only four to five acres <br />and is located on a siding of the Union Pacific <br />Railroad which runs through the town of {Malden. <br />The nature of the alleged violation as stated <br />on tl~e Notice of Violation form fails to reflect <br />the fact that KCC had installed gravel filter <br />dams in order to control sedimentation and pre- <br />serve water quality. Thus, the fact that a IJOtice <br />of Violation vas issued with respect to this situa <br />lion would apparently reflect the judgment of the <br />inspector that such sedimentation control is not <br />sufficient. <br />llistorv of Previous Violations, 30 C.F.R. 5723.12(b <br />KCC has no previous violations under the Surface <br />Mining Control and Reclaina~ion Act (ShICRA) the regu- <br />lations promulgated thereunder or any other state or <br />federal environmental laws applicable to surface coal <br />mining. <br />eriousness, 30 C.F.R. ~723.12(c <br />Probability of Occurrence <br />Tl~e event which the performance standard is <br />• designed to prevent is the diminution or degra- <br />dation of water quality and the prevention of <br />additional contributions of suspended solids to <br />stream flow. The f]otice of Violation in this <br />regard reflects little if any evidence that <br />water quality degradation or contribution of <br />suspended solids to stream flow actually occurred. <br />In fact, the gravel filter dams which KCC had <br />installed at the tipple site provided an effec- <br />tive sedimentation control mechanism. Thus, <br />the probability of occurence for the event which <br />the designated environmental performance standard <br />was intended to prevent is virtually insignificant. <br />Extent of Potential or Actual damage <br />Again, due to the existence of gravel filter <br />dams at the tipple site, the extent of potential <br />or actual damage was negligible. Specifically, <br />-2- <br />• <br />