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s~nreor-co~onnnn mr,~~~nnr ino~.~•~~.,~ DEPARTMENT OF NATURAL RESOURCES D. Monts Pascoe. Executive Director MINED LAND RECLAMATION 423 Cenlen vial Buildiny, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director page 2 Fault - Maximum Penaltv is 51.500 Fault is divided into three separate units: 1) 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 indifference, lack of diligence, or lack of reasonable care, an assessment of a[ least $250 but not more than $750 will be made. 3) If a violation occurred because of reckless knowing or intentional conduct,. an assessment of at least $750 but not more than $1,500 will be made. Using the above system, the following assessment for Notices of Violation 81-2g and 81-36 were made. Notice of Violation 81-2 This violation was for failure to construct the truck dump sediment pond at the loadout facility according to the approved plan. 1, Probibility of damage occurrence - The operator failed to install a primary dewa[ering device and emergency spillway in the pond. The pond would contain the runoff from a 10-year 24-hour event, but any additional runoff could not be contained without overtopping. The probability of a storm greater than a 10-year 24-hour even[ occurring before proper dewatering devices are installed is low. Therefore, a value of 2 is assigned. 2. Duration of damage - The duration of damage would be short. In all probability any damage should not exceed 24 hours in duration. Therefore, a value of 2 is assigned. 3• Extent of damage Any damage that would occur would be from failure of [he sediment pond. It is unlikely that a large amount of sediment would reach any perennial drainage because of the distance (approximately 0.25 miles), and vegetation filters. Extent would be slight, thus a value of 1 is assigned.