_GENERAL DOCUMENTS - C1981017 (146)

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-7- Notice of Violation C-84-101 The proposed civil penalty for this Notice of Violation is $1,875.00, which is broken down into $50.00 for history of previous violations, $1,325.00 for seriousness and $500.00 for fault. Damage did occur as a result of this violation. Snow mixed with coal and/or coal waste was pushed over the edge of the Mine No. 3 bench. As this snow melted, it transported the coal and/or coal waste downslope. The duration of damage and potential damage is considered to be long given that the material had not been cleaned up as of an inspection on June 27, 1984. The extent of damage is considered to be small since snowmelt on this north facing slope is slow. The amount of material transported would be small . This violation best fits the category of negligence. An assessment of $500.00 is proposed for a moderate degree of negligence. The operator is aware that material must be contained within a controlled area and should not be pushed over the edge of the mine bench. Notice of Violation C-84-102 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. Damage did occur as the result of these violations. Erosion of the road and road embankment occurred as the result of these violations. The duration of damage is considered to be short. Mid-Continent repaired the berm along the haul road and repaired the drainage ditch near the 180 degree switchback shortly after the violations were noted. The erosion at the three culvert locations noted in the violation had stabilized at the time of the May, 1984 inspection. The extent of damage is considered to be insignificant. The minimum of $250.00 for negligence is proposed to be assessed. The erosion at the three culvert locations was due to circumstances beyond the control of Mid-Continent. The erosion due to breaches in the berm on the road and sedimentation of the drainage ditch near the 180 degree switchback were due to neglect. Notice of Violation C-48-103 The proposed civil penalty for this Notice of Violation is $2,150.00, which is broken down into $50.00 for history of previous violations, $1,600.00 for seriousness, and $500.00 for fault. Damage did occur as a result of this violation. Topsoil in the embankments of the three temporary sediment ponds was contaminated by waste material transported by runoff water.