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Seriousness Part 1. Water was ponding outside the disturbed azea. TCC sampled the water and it was in compliance with water quality standards. There was no evidence that the water reached Fish Creek. Part 2. No damage documented. Part 3 and 4. A lazge volume of underground mine water did discharge to the surface. The water was mostly contained within the existing small area exemption as constructed. There was no documented or observed water dischazge to Fish Creek. Water quality samples demonstrate, after the fact that the water was in compliance with water quality standards. The small azea exemption structures were not appropriately constructed. However, all surface flow was going through a grassed azea and no water was observed flowing into Fish Creek. Underground water discharged from the mine was in compliance with water quality standards. The duration of the occurrence was short and the extent of damage was small. $250.00 is proposed for seriousness. Fault Part 1. Field verification of the proposed design would have identified the problem. A low level of fault is assessed. Part 2. I believe there is a reasonable question as to whether or not temporary pumps are to be included in the permit. This represents a low level of negligence. Parts 3 and 4. According to Jerry Nettleton of TCC, the underground water system was designed to prevent the type of occurrence that happened. The system malfunctioned and TCC diligently took the necessary steps to prevent further surface dischazge when they discovered the problem. It appears to me that TCC took reasonable care to avoid this occurrence and it was an accident. Violations which occur despite the exercise of reasonable caze shall result in no assessment for fault. Good Faith The violation had not been terminated when this penalty was assessed. Ao good faith reduction is not proposed.