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Civil Penalty Assessment <br />Proposed Penalty Assessment <br />History $ 100.00 <br />Seriousness 750.00 <br />Fault 250.00 <br />Good Faith 0.00 <br />Total $1100.00 <br />History <br />The History Component was not disputed. <br />Seriousness <br />The area of offsite impact was limited to approximately 600 square <br />feet, or .1$ of the 12 acre approved disturbance area. A <br />corresponding percentage of previously salvaged topsoil will be <br />needed to reclaim the additional disturbance, which would amount to <br />a fraction of inch over the entire 12 acre disturbed area. <br />Potential effects on revegetation would be expected to be <br />imperceptible. There would appear to be negligible potential for <br />further impact to offsite areas, based on monitoring conducted by <br />the Operator since the slide occurred, and current ground <br />conditions. Disturbed and potentially disturbed areas are <br />contained within the approved permit and federal lease areas. <br />I believe the above factors indicate a low degree of seriousness, <br />and I recommend that the assessment for seriousness be reduced to <br />$250.00. <br />Fault <br />The violation appears to have occurred due to the location of the <br />highwall on steep terrain, combined with abnormally high soil <br />moisture levels. The Operator appears to have complied with all <br />design, construction, and maintenance requirements of the approved <br />permit, and a high degree of negligence is not indicated. It is <br />not clear that the violation could not have been prevented despite <br />the exercise of reasonable care, however. Steep slope soils in the <br />region are known to be prone to sliding when affected by roadcuts <br />or similar disturbances, and a disturbance buffer abode the <br />highwall crest from which topsoil had been salvaged would appear to <br />have been a prudent measure. I concur with the recommended <br />assessment of $250.00 for Fault. <br />Good Faith <br />The NOV has not yet been fully abated, and thus Good Faith cannot <br />be considered. <br />Settlement Agreement Penalty Proposal.....$600.00 <br />