_GENERAL DOCUMENTS - C1981017 (146)

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-8- The duration of damage or potential damage is considered to be large. Topsoil is already very limited at Coal Basin and any loss could have an effect on final revegetation. The extent of damage and potential damage is considered to be moderate in this case. Much of the topsoil contaminated by the waste material is rocky in nature, making this source of topsoil less desirable than many other sources in Coal Basin. This violation best fits the category of negligence. The equipment operator was instructed to salvage topsoil prior to construction of two of the temporary sediment ponds. The operators failure to adequately salvage topsoil was a case of negligence or lack of diligence. A moderate degree of negligence was involved in this violation. Notice of Violation C-84-104 The proposed civil penalty for this Notice of Violation is $2,300.00, which is broken down into $50.00 for history of previous violations, $1,750.00 for seriousness, and $500.00 for fault. This is a violation of administrative requirements. The proposed assessment for the seriousness component must then be based on the extent to which enforcement was obstructed by the particular violation. In this case the Division feels that enforcement was greatly obstructed. Without proper monitoring, the Division and the operator cannot determine whether any actual or potential adverse effects on the environment exist. In addition, the monitoring of ground water at the rock tunnel waste disposal pile is required to verify waste pile design assumptions. The Division proposes to assess the maximum for seriousness for this violation. This violation best fits the category of negligence. However, failure to monitor ground water at the rock tunnel waste disposal pile is felt to be at least moderate level negligence. The operator was aware of the requirements to monitor and there was obvious lack of diligence in repairing the monitoring wells. An assessment of $500.00 for moderate level negligence is proposed. Notice of Violation C-84-105 The proposed civil penalty for this Notice of Violation is $0.00. This violation is minor in nature. It is very unlikely that any environmental damage would occur and if it did occur, the damage would likely be insignificant. Given the minor nature of this violation no civil penalty is proposed. Notice of Violation C-84-106 The proposed civil penalty for this Notice of Violation is $350.00, which is broken down into $50.00 for history of previous violations, $50.00 for seriousness, and $250.00 for fault.