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-2- 2. Duration of Damage: No damage has occurred to date. If the embankment failed, damage would last from several weeks to several months, depending on the time of year. 3. Extent of Uamage: No damage has occurred to date. If the embankment failed, the sediment, refuse, and resultant erosion would directly enter North Thompson Creek. Sediment would affect aquatic life through suffocation and or toxic effects. The deposition would alter the immediate floodplain and possibly alter the natural meander of the stream. Finally the sediment could affect downstream water users by clogging irrigation systems, as most of Thompson Creek is diverted for irrigation below the mine. Based on the above three categories I judge the seriousness of the violation to fall between moderate and high and assess a penalty of $1,500.00. Rule 5.04.5(2)(c) - Fault Fault is divided into three separate units and carries a maximum penalty of $1,500.00. If the violation was unavoidable despite the exercise of reasonable care no assessment for fault will be made. 2. if a violation occurred because of negligence, i.e. due to indiffernece, lack of diligence, or lack of reasonable care, an assessment of at least $250.00 but not more than $750.00 will be made. 3. If a violation occurred because of reckless knowing or intentional conduct, an assessment of at least $750.00 but not more than $1,500.00 will be made. Problems with the pond have been noted as early as 1979. The operator took nearly two years to arrive at an acceptable design. Even after the design was approved, the operator could not complete construction within a four month period. For a complete history of this issue see the attached memo from Robert Liddle. The operator was negligent in not completing the pond. The operator is assessed $750.00. The total penalty assessed is as follows: History: $ -0- Seriousness: $1,500.00 Fault: $ 750.00 Total $2,250.00