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/ NOV 1180-42 <br />2) Seriousness <br />1'lie operator failed to construct tl~e required sediment pond at the <br />truck dump site which potentially could leave resulted in a substan- <br />tial amount of sediment entering the Roaring Pork River. Also, <br />until. Cl~u pond is constructed there is still tl~e possibility of <br />contributing sudiment to the Roaring Fork. Due to the above reasons, <br />an asscsment of $500 for seriousness is made. <br />3) Fault <br />The operator was notified in a letter dated September 29, 1980 that <br />the sediment pond and drainage system must be constructed prior to <br />any other disturbance, once construction started on the Truck dump. <br />At the December 1 inspection there was no evidence that the operator <br />had constructed any part of the sediment control system. Therefore, <br />it is my opinion that the operator was negligent in not constructing <br />the sediment pond despite previous warnings. Therefore, I assess <br />a penalty of $750 for fault <br />Total Civil Penalty for NOV 1180-42 = $1250 <br />NOV 1180-43 <br />2) Seriousness <br />The original plan for transfering materials to the island in the <br />Roaring fork River was to use a crane instead of using a stream <br />crossing. 1{owever, after visiting the site it was apparent that <br />this would not have been practical. The crossing appeared to not <br />have any adverse impact on the Roaring Fork River. Therefore I <br />assess a penalty of $0.00 for seriousness. <br />3) Fault <br />The operator was negligent in not following the approved mine plan <br />and consequently not notifying the Mined Land Reclamation Division <br />of this change. Therefore, I feel that this is a procedural/admini- <br />strative violation and assess a civil penalty of $250 for fault. <br />Total Civil Penalty NOV 1,180-43 = $250. <br />