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-2- <br /> Given the small quantity of topsoil involved, the duration and extent of <br /> damage would be small. <br /> This violation best fits the category of negligence. The operator is aware <br /> that topsoil must be stripped prior to disturbing an area. Therefore, $500.00 <br /> is proposed for the fault component. <br /> Notice of Violation C-84-088 <br /> The proposed assessment for this violation is $2,125.00 which is broken down <br /> into $50.00 for history of previous violation, $1,325.00 for seriousness, and <br /> $750.00 for fault. <br /> Damage did occur as the result of placing coal in the undisturbed area along <br /> the road to the mine No. 2 coal stockpile and by pushing coal into and <br /> allowing coal to roll into the undisturbed area on the south and west sides of <br /> the mine No. 2 coal stockpile. <br /> The proposed assessment is based on the fact that some of the coal had been in <br /> the undisturbed area adjacent to the mine No. 2 coal stockpile since August <br /> 1983, and the material was dumped on at least one other occations. The <br /> duration is considered to be long (large) . The extent of damage is felt to be <br /> small given that proper cleanup would result in only a small amount of coal <br /> left in the undisturbed area. <br /> This violation best fits the category of negligence. The Division proposes to <br /> assess the maximum of $750.00 for negligence since Mid-Continent had been <br /> warned on two previous occasions about preventing coal from entering the <br /> undisturbed area on the south and west sides of the mine No. 2 coal stockpile. <br /> Notice of Violation C-84-089 <br /> The proposed civil penalty for this violation is $2,550.00 which is broken <br /> down into $50.00 for history of previous violations, $1,750.00 for seriousness <br /> and $750.00 for fault. <br /> Damage did occur as the result of this violation. Established vegetation was <br /> destroyed on a reclaimed portion of the coal processing waste pile and topsoil <br /> was contaminated by flows consisting of saturated coal processing waste. <br /> The duration of damage is determined to be large. By placing coal processing <br /> waste on the reclaimed area, the vegetation cover was virtually destroyed. A <br /> period of years will be required to restore the vegetation cover. The extent <br /> of damage is considered to be large since additional topsoil will be required <br /> to be replaced on both affected areas. Since topsoil is already very limited <br /> in Coal Basin, this loss of topsoil could have a significant effect on future <br /> revegetaion efforts. <br /> The maximum of $750.00 for negligence is proposed for the fault component. <br /> Dumping the coal processing waste on the reclaimed area when the belt broke -- <br /> one time may be considered simple negligence but, based on observations, this <br /> occurred several times when the belt broke. <br />