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The proposed civil penalty was: <br /> History $50.00 <br /> Seriousness $750.00 <br /> Fault $750.00 <br /> Good Faith $0.00 <br /> Total $1300.00 <br /> Seriousness <br /> I agree with the proposed penalty. Although two of the areas <br /> were improperly cited and the topsoil stockpile is of negligible <br /> concern, there was untreated runoff going offsite. I do not <br /> believe there was significant damage though, because the water <br /> appeared to be of comparable quality to the runoff water in <br /> surrounding undisturbed areas. <br /> Fault <br /> It was mutually agreed with the Division not to plow the roads. <br /> MCR representatives said all the problem areas were on sites they <br /> had to walk into to gain access. They felt the fault was <br /> minimal. <br /> I agree with the proposed penalty. It represents moderate fault. <br /> With a mine site as large as Coal Basins there is bound to be <br /> some areas requiring maintenance in the spring. It is important <br /> to keep up with them. Not plowing the roads probably minimized <br /> the number of other problems that could have occurred. <br /> Good Faith <br /> All three site were repaired immediately. Most of the snow had <br /> melted off the roads and MCR immediately cleared what remained to <br /> gain equipment access to the sites. The NOV was terminated July <br /> 23, 1993. I am proposing a $250.00 reduction for good faith. <br /> Settlement Agreement Penalty <br /> History $50.00 <br /> Seriousness $750.00 <br /> Fault $750.00 <br /> Good Faith $0.00 <br /> Total $1050.00 <br />