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Rationale: NOY C-85-003 - 2 - March 4, 1985 <br />2. Duratiom of Damage <br />No damage has occurred to date. If the problem is not corrected, <br />damage could take place after a runoff event. Such an event would be <br />of relatively short duration. <br />3. Extent of Damage <br />No damage has occurred to date. During runoff events, coal fines and <br />other sediment could be carried into the Purgatoire River. This river <br />is a sports fishery. The river water is also used for livestock <br />watering, domestic use, and irrigation. However, sediment generation <br />will most likely occur during runoff events at which time river flows <br />would also be relatively higher. This would result in dilution. The <br />potential extent for damage is considered moderate. <br />Based on the above three categories, the seriousness of the violation is <br />judged to be moderate. The penalty for serioussness is assessed at $500.00. <br />Seriousness: <br />Rule 5.04.5(2)(c) -Fault <br />$ 500.00 <br />Fault is divided into three separate units and carries a maximum penalty of <br />$1,500.00. <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 or reasonable care, an assessment of <br />at least $250.00 but not more than $750.00 will be made. <br />3. If a violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $150.00 but not more than $1,500.00 will be <br />made. <br />In this case, the violation occurred because of negligence. The coal <br />pile was placed within the mine permit boundary, but not within an area <br />controlled by a sediment pond. Therefore, there was a lack of <br />reasonable care. The mid-range penalty for negligence is $500.00, <br />which is the amount assessed. <br />Fault: $ 500.00 <br />