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,~ <br />-z- <br />Seriousness <br />I propose to reduce this component to $0.00. The Fruita site is several miles <br />from the nearest perennial stream, and the intervening landscape is <br />characterized by expanses of barren Mancos shale and eroded arroyos. The <br />inspection report documented that, despite recent rains and above normal <br />precipitation, there was not evidence of erosion at the mine site. Based on <br />these considerations, I conclude that the potential for environmental damage <br />which the cited regulations are meant to prevent is insignificant. I would <br />note that some potential for topsoil loss existed due to the operator's <br />failure to seed and mulch the reclaimed area. This failure was addressed by <br />NOV C-91-005 and associated civil penalty. <br />Fault <br />I concur with the proposed assessment of $250.00. The violation was not <br />unavoidable. Although the Division had not specified that the area in <br />question be included within a sediment control system and it is understandable <br />how the oversight occurred, the ultimate responsibility for regulatory <br />compliance rests with the operator . <br />Good Faith <br />Good faith has not been demonstrated. <br />final Civil Penalty <br />History $50.00 <br />Seriousness $0.00 <br />Fault 5250.00 <br />Good Faith $ 0.00 <br />Total $300.00 <br />DTM/yjb <br />8121E <br />