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January 23, 1985 <br /> MEMORANDUM <br /> Mid-Continent NOV C-84-082 <br /> Page Two <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the twelve months prior to this <br /> NOV, an assessment of $50.00 is recommended. <br /> B. Seriousness: <br /> No actual damage occurred to natural resources as a result of this <br /> violation. If damage had occurred, it would have been of short <br /> duration and small extent. However, it is likely that untreated <br /> sediment would have entered Coal Creek from this area if <br /> precipitation occurred before the sediment control system was <br /> installed. It is for this reason that I recommend an assessment of <br /> $325.00 for the potential seriousness of the violation. <br /> C. Fault: <br /> This violation was avoidable with careful anticipation by the <br /> operator, at the point during the construction of the blending <br /> facilities, that it would have been possible to connect the <br /> conveyance structures to the sediment control system. Given that <br /> the operator did not exercise such careful anticipation and <br /> planning, an assessment of $250.00 is made for minor negligence. <br /> D. Good Faith: <br /> After the operator was issued a violation for failure to provide <br /> sediment control at the blending facilities, a considerable effort <br /> was made to comply with the abatement order and schedule. This <br /> abatement required aggressive response from the operator. In spite <br /> of contracting difficulties, the operator abated the violation <br /> ahead of schedule. Based upon this favorable response I recommend <br /> an award of $50.00 for good faith. <br /> E. Total Assessment: <br /> I recommend a total assessment for NOV 84-082 of $575.00. <br /> /wjh <br /> cc: Jim Herron <br /> 7630F <br />