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<br />Proposed Civil Penalty Assessment - NOV 83-41 <br />NOV 83-41 was issued to Colorado Yampa Coal Company for failure to <br />implement an approved sediment control system by September 15, 1983. <br />History - 5.04.5(2)(a) <br />Energy Mine No. 3 has not received any Notices of Violation from the <br />Division within the past year. <br />History Total $ 0.00 <br />Seriousness - 5.04.5(2)(b) <br />This is a violation of performance requirements and therefore, three <br />factors must be taken into consideration. 1) Probability of damage <br />occurrence, 2) Duration of potential or actual damage, and 3) Extent of <br />potential or actual damage. Each component is assigned a value depending <br />on the circumstances. The end assessment is arrived by multiplying all <br />values together, dividing by 64 (the maximum multiple value) then <br />multiplying this fraction by $1,750. <br />The values are assigned using the following procedure: <br />1. Probability of damage occurrence <br />a. damage did occur <br />b. damage is likely to occur <br />c. damage is not likely to occur <br />2. Duration of potential or actual damage <br />a. short, less than 45 days <br />b. medium, 45 - 90 days <br />c. long, greater than 90 days <br />3. Extent of potential or actual damage <br />a. small <br />b. medium <br />c. large <br />For NOV 83-41 the following values are proposed. <br />1. Damage did occur - value of 4 <br />2. Duration - long - value of 4 <br />value of 4 <br />value of 3 <br />value of 2 <br />value of 2 <br />value of 3 <br />value of 4 <br />value of 2 <br />value of 3 <br />value of 4 <br />3. Extent of damage - value of 2 <br />