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-z- <br />1. Probability of Damage Occurrence <br />The Division believes that damage is likely to occur due to the <br />failures of the operator to rectify these situations. The Oivlsion <br />therefore assesses a value of 3. <br />2. Duration of Damage <br />The Division has noted in previous inspection reports and during <br />previous inspections that the maintenance of sediment ponds and <br />sediment pond caps as designed has been a continuing problem. The <br />Division therefore assess a duration of long-term and assesses the <br />value of 4. <br />3. Extent of Damage <br />The Division cannot determine that damage had occurred at the time <br />of the inspection. However the probability of damage reaching a <br />measurable extent exists. The Division therefore assess a value of <br />1. <br />3 x 4 x 1 12 <br />12 - 64 x (1,750.00 = f 328.00 <br />III. Fault <br />The Division feels that this violation occurred as a result of <br />negligence on the part of the permittee. The Division had pointed out <br />the problem to the permittee in inspection reports and during <br />conversations on-site. The Division therefore assesses (750.00 as the <br />civil penalty for fault. <br />Fault Total: <br />summary <br />History - f 100.00 <br />Seriousness - f 328.00 <br />Fault - f 750.00 <br />TOTAL (1,178.00 <br />Rounded to 1 if .75.00 <br />Notice of Violation CV-84-028 <br />750.00 <br />This violation was written to the permittee for the construction of a haul <br />road to access cut 10 in Pit No. 5 without revising the approved permit. The <br />Division feels that the permittee is aware, based on previous experience in <br />permitting such roads, that any roads outside of the pit must be appropriately <br />perm7tted. <br />