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Mr. Vance Mills -2- June 9, 1984 <br />The values are as s'7gned using the following procedure: <br />1. Probability of Damage Occurrence <br />a. damage did occur value of 4 <br />b. damage is likely to occur value of 3 <br />c. damage is not likely to occur value of 2 <br />2. Duration of Damage <br />a. short, less than 45 days value of 2 <br />b. medium, 45-90 days value of 3 <br />c. long, greater than 90 days value of 4 <br />3. Extent of Damage <br />a. insignificant value of 0 <br />b, slight value of 1 <br />c. small value of 2 <br />d. medium value of 3 <br />e. large value of 4 <br />Fault - Maximum Penalty is $],500.00 <br />Fault is divided into three separate units: <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care, no assessment for fault will be made. <br />2. If a violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an <br />assessment of at least X250.00, but not more than X750.00, will be made. <br />3. If a violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least X750.00, but not more than X1,500.00, <br />will be made. <br />A proposed assessment of ;350.00 for history was made because Trinidad Basin , <br />has received seven violations in the preceding year. ~ ~pG~ <br />An assessment of ;1,300.00 for the seriousness component of NOV C-84-071 is / <br />proposed because the Division feels that damage is likely to occur; the <br />duration of potential damage has been long; and the extent of potential damage <br />could be large. <br />The duration of the major problems such as the lack of diversion ditches above <br />the mining areas has been long. If a 10-year, 24-hour storm were to occur, <br />much of the sediment control system could potentially fail due to failure to <br />properly construct and maintain the sediment control system. This would <br />result in adverse impacts to the hydrologic balance. <br />