_GENERAL DOCUMENTS - C1981017 (146)

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-6- This violation best fits the category of negligence at a moderate level ($500.00). The operator was negligent in that drainage control structures were destroyed plus some coal waste was improperly stored on the lower bin pad. Notice of Violation C-84-098 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 a result of these violations. Disturbed runoff water was bypassing the embankment. The damage and potential damage from all of the violations in aggregate is felt to be long. The extent of damage and potential damage for all of the violations contained in this Notice is considered to be moderate. Separately, the extent for most of the violations would be small . This Notice of Violation best fits the category of negligence. Given the number of hydrologic balance violations at Mine No. 3, the Division feels that personnel at this mine were very negligent. Therefore, the maximum for negligence ($750.00) is proposed to be assessed. Notice of Violation C-84-099 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, $500.00 for seriousness and $450.00 for fault. Damage is likely to occur as the result of this violation. The pile of coal processing waste was piled outside of the sediment control area. The pile contained both Trommel screen waste and finer material . The duration of potential damage was short (small ) because the pile was removed shortly after the violation was observed. The extent of potential damage is felt to be moderate given that fine material was in the pile which is easily erodible. This violation best fits the category of negligence. The Division feels that a moderate amount of negligence was involved in this violation. The operator is aware that storage of processing waste outside of sedimentation controlled areas is a violation of the Act and Regulations. Notice of Violation C-84-100 The proposed civil penalty for this Notice of Violation is $525.00, which is broken down into $50.00 for history of previous violations, $225.00 for seriousness, and $250.00 for fault. Please see the justification for civil penalty under Notice of Violation C-84-093. The justification for the proposed civil penalty is essentially the same.