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There was record snowfall at the Coal Basin Mines during the <br />winter of 92/93. The ditch functioned properly, there was no <br />indication of overtopping, although sediment had accumulated in a <br />few locations creating the violation in design criteria. The <br />Disney Creek "diversion" is not a violation, although it was <br />considered in the penalty assessment. <br />Based on the informat &_an presented, I feel the seriousness is low <br />to moderate. I recommend the seriousness be reduced to $500.00. <br />Fault <br />Representatives of MCR felt the fault component was too high. They <br />did not feel they were negligent. They had walked the perimeter <br />ditch and thought it was acceptable, their measurements did not <br />indicate a problem. MCR also felt it is important to consider the <br />time at whi ^til the Divisions mieas: rs mere }s enure taken, mid -June and <br />shortly after snowmelt. <br />I am recommending this component be reduced to $500.00. Although <br />Mid- Continents measurements did not show a problem, an MCR <br />representative was assisting with the Division's measurements on <br />June 17 and was aware of the concerns. Again, Disney Creek is <br />not being considered in the penalty assessment. <br />Good Faith <br />I am not recommending a good faith reduction. <br />Settlement Agreement Penalty <br />History $50.00 <br />Seriousness $00.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Total $1050.00 <br />