_GENERAL DOCUMENTS - C1981017 (146)

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-5- Notice of Violation C-84-095 The proposed civil penalty for this Notice of Violation is $2,400.00, which is broken down into $50.00 for history of previous violations, $1,600.00 for seriousness, and $750.00 for fault. Damage did occur as the result of this violation. Coal was pushed and/or dumped over the north edge of the Mine No. 2 bin pad bench. The spoiled coal fell into an undisturbed area. The duration of damage is considered to be long since even after cleanup come of the coal would be left in the undisturbed area. It would be impractical to remove some of the coal from between trees in the undisturbed area. The extent of damage was determined to be moderate. Herbaceous vegetation will be affected by the coal in the undisturbed area plus runoff water will continue to pick up coal. This violation best fits the category of negligence. The maximum for negligence ($750.00) is proposed to be assessed. The operator is aware that stockpiling of coal on the bin bench was not part of the approved plan; and that pushing this coal over the edge of the bench is a violation of performance standards. Notice of Violation C-84-096 The proposed civil penalty for this Notice of Violation is $1 ,000.00, which is broken down into $50.00 for history of previous violations, $450.00 for seriousness and $500.00 for fault. Please see the justification for Notice of Violation C-84-091 , since the justifications for the civil penalty are essentially the same. Notice of Violation C-84-097 The proposed civil penalty for this Notice of Violation is $1 ,200.00, which is broken down into $50.00 for history of previous violations, $650.00 for seriousness and $500.00 for fault. Damage did occur as the result of this violation. Most of the snowmelt had occurred prior to the May inspection. It was evident that runoff water had removed some coal from the lower bin pad. The duration of damage is considered to be moderate. The undisturbed slopes above the bin pads are in a location where snow accumulation is relatively lower than normal for coal Basin. Snowmelt runoff would occur over a relatively shorter period of time than normal . The extent of damage is considered to be small given that, at the time of the inspection, runoff water leaving the lower bin pad was clear. This would indicate that very little material was eroded from the bench.