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the gravel filter dams would serve to insure <br />that any potential damage would be confined <br />• to the permit area. <br />4. Negligence, 30 C.F.R. §723.12 (d) <br />F:CC takes the position that there was no <br />negligence involved in the alleged violation. <br />The absence of any negligence is evident from the <br />fact that ICCC Baas operating under the assumption <br />that the gravel filter dam which it has installed <br />provided more than adequate sedimentation control. <br />Consequently, any failure to install additional <br />sedimentation control devices was completely inad- <br />vertent. <br />5. Good Faith in Attempting to Achieve Compliance, <br />30 C.F.R. §723.12(e) <br />Within seven days of receiving the Notice of <br />Violation with regard to sedimentation control at <br />the tipple facility, KCC had installed a berm <br />around the outside perimeter of the tipple facility <br />in order to provide additional sedimentation control. <br />This very rapid compliance reflects KCC's good faith <br />in attempting to eliminate the problems perceived by <br />t•Ir. Fritz. Further, additional gravel filters have <br />also been installed, thereby reinforcing the evi- <br />dence of KCC's good faith. <br />B. Alleged Violation Number Two <br />• "Failure to periodically publish a public no- <br />tice of the blasting schedule in a newspaper of <br />general circulation in a locality of the mine site." <br />1. Background <br />Prior to July 12, 1979, KCC had last published <br />notice of its blasting schedule on t9arch 1, 1979 in <br />a newspaper of general circulation in the area of <br />KCC's operations. A copy of this notice is attached <br />to this letter. Thus, this violation would appear <br />to be based upon KCC's failure to republish its <br />blasting schedule within three months of the t7arch <br />1, 1979 publication. In any event, KCC immediately <br />republished notice of its blasting schedule. The <br />republished schedule appeared in the July 19, 1979 <br />edition of the Jackson County Star, the local news- <br />paper in the area of KCC's operations. <br />-3- <br />• <br />