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File Plo. C-048-81 -2- December 6, 1982 <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 potential or actual 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 potential or actual damage <br /> a. small value of 2 <br /> b, medium value of 3 <br /> c. large. value of 4 <br />For PIOV 82-43, the following values are proposed: <br />t. Probability of damage occurrence <br />b, damage was likely to occur, value of 3. <br />If a precipitation event were to have occurred, runoff from the disturbed <br />area would not have passed through a sediment pond. <br />2. Duration of potential damage. <br />a. short, less than 45 days, value of 2. <br />The mining operation had been in cut 12 in pit 2 for less than 45 days. <br />3. Extent of potential or actual damage. <br />a. small, value of 2. <br />1 The possible extend of damage for this violation is small compared to the <br />totality of the operation. <br />3x 2x2 <br />( 64 ) x $1,750.00 Seriousness Total: $328.00 <br />C. Fault - Rule 5.04.5(2)(c) <br />Maximum penalty is $1,500.00. <br />Fault is divided into three separate units: <br />1. If the violation was unavoidable despite the exercises of reasonable <br />care, no assessment for fault will be made. <br />2. If a violation occurred because of negligence, i.e., due to indifference, <br />lack of diligence, or lack of reasonable care, an assessment of at least $250.00, <br />but not more than $750.00, will be made. <br />