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Mr. Doug Bowman -2- June 22, 1984 <br /> In the case of both cessation orders, damage did occur, therefore, $875.00 is <br /> assessed for probability of occurrence. In both cases, water containing <br /> suspended solids in excess of effluent limitations was discharged into the <br /> receiving streams. The duration of actual or potential damage is felt to be <br /> large given that a continuous discharge was occurring although the extent of <br /> damage was small given the high flow of the receiving stream and the high <br /> suspended solids level. Based on the above, $425.00 is assessed for duration <br /> and $100.00 is assessed for extent of damage. <br /> The fault component is broken into two separate categories: 1 . Those <br /> violations that occurred due to negligence; and, 2. Those violations that <br /> occurred due to a greater degree of fault than negligence. Both violations <br /> best fit in the category of negligence. The maximum of $750.00 for negligence <br /> is proposed for both violations. In both cases, the Division believes that <br /> the operation was negligent. At both sites, the operator was negligent in not <br /> completing the required sediment control system. At the rock tunnel, the <br /> operator was also negligent in improper disposal of wet waste materials. At <br /> the Mine No. 2 bin pad, the operator was negligent in storing coal on the <br /> bench area. <br /> The above is a brief summary of the Division' s reasoning for the proposed <br /> civil penalties. If you wish to contest the fact of the violations and/or the <br /> proposed civil penalty, you must sign and return the enclosed Request for <br /> Conference form. <br /> If you have any questions, please feel free to contact me. <br /> Si cerely, <br /> Jim Herron <br /> Re amation Specialist <br /> JH/th <br /> Enclosures <br /> cc: Mr. Dave Sturges <br /> Doc. No. 2260 <br />