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History <br /> The History component was not disputed. <br /> Seriousness <br /> The potential effects of topsoil contamination or loss on the <br /> ultimate success of reclamation come into consideration in the <br /> evaluation of seriousness. Although the actual quantity of topsoil <br /> which would appear to have been compromised is limited to the near <br /> surface soils over 5 to 10 percent of the fill outslope, the <br /> potential long term implications of contamination and increased <br /> erosion loss due to reduced cover of interim vegetation is <br /> significant. I concur with the Assessment Officer's proposal of <br /> $1000. 00 for seriousness, based on the duration of the potential <br /> impacts associated with the failure to protect stockpiled topsoil <br /> from contamination. <br /> Fault <br /> The operator did not dispute the fact that some component of <br /> negligence was indicated by the failure to identify the problem and <br /> take appropriate steps to remedy it prior to Mr. Shuey's <br /> inspection, but pointed out that the silt fence erected in May had <br /> worked well for several months. Mr. Koehler acknowledged that mine <br /> personnel may have become somewhat lax in their inspections due to <br /> the effective control provided by the silt fence during the summer <br /> and early fall. I concur with the Assessment Officer's proposal of <br /> $250. 00, reflecting a minor degree of negligence. The operator had <br /> taken some steps to address the problem, but did not demonstrate <br /> the necessary follow-up to ensure that the problem did not recur. <br /> Good Faith <br /> Consideration for good faith cannot be recommended, because the <br /> violation has not yet been fully abated. <br /> Settlement Agreement Civil Penalty Proposal <br /> History: $ 50. 00 <br /> Seriousness: 1000. 00 <br /> Fault: 250. 00 <br /> Good Faith: 0. 00 <br /> Total: $1300. 00 <br />