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Assessor #: RP <br />ASSESSMENT EXPLANATION <br />Company Name / Permittee: Kerr Coal Co. <br />Page 1 of 2 <br />NOV ¢ N94-020-352-3 <br />CO $ <br />Violation # i of ~_ Points <br />History of Previous violations: 0 <br />No Federal citations with appeals ending in the applicable <br />period were identified. <br />Seriousness: ( Part A or B ) <br />A. Event the standard was designed to prevent: Return to AOC <br />is required to prevent: Primary - degradation of lands <br />productivity and stability, disruption of streams though <br />watershed alterations; Secondary - delay or failure of the <br />postmininq land use and degradation of visual aesthetics. <br />(1) Probability of Occurrence: 14 <br />Lands affected by mining and not restored to AOC have <br />not Yet been restored to the capabilities they had prior to <br />mining; therefore the primary event is virtually certain to <br />occur if violation is not abated. Secondary event (delay of <br />postmininq land use) has occurred (since areas will have to <br />be regraded, replanted, etc., at least a year after they <br />should have been completed). High end of "likely" range <br />(10-14) assigned. <br />(2) teat of Actual or Potential Damage: 8 <br />The area not restored to poemininq capability is <br />limited to the permit area. However, runoff patterns and <br />watershed sizes have been altered, leading to the potential <br />for hydrologic damages ofP the permit area. Since the size <br />alterations of the watershed relative to total watershed <br />size aren't known, the lower part of the range (7-15 points) <br />is assigned. <br />TOTAL Seriousness: 22 <br />N~gliganco: ]3_ <br />Greater degree of fault than negligence: reckless <br />conduct. Violations of this magnitude of the most basic <br />requirements of SMCRA exceed mere "knowing" conduct. <br />Additionally, it would be clear to a reasonable person that <br />such failure to reclaim was likely to cause land stability, <br />land productivity, and watershed problems. The top of the <br />point range (18-22 points) would be assigned. However, the <br />State of Colorado participated in this negligence by (i) <br />