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History (Rule 5.04.5(3)(a)): No nun-vacated NOVs have been issued to the Toast Mine within the twelve months pnor to the issuance date of this NOV. Therefore, History for this Proposed Civil Penalty is assessed at $0. Seriousness (Rule 5.04.5(3)(b)): The Seriousness component of a Proposed Civil Penalty Assessment ranges from $0 to $1750. Failure to maintain a sediment control structure can be cited in and of itself, even if no off-site impacts actually occur. In the case of this NOV, however, the permittee's Failure to maintain the pit ramp road sediment control ditch did contribute to an off-site impact. Based upon the evidence reviewed, it would appear that the offsite disturbance created by the breach in the pit ramp ditch measured approximately 5000 square Feet. This disturbance resulted in a small amount of spoil being carried into an undisturbed area, erosion of an offsite area, loss oC topsoil in that azea, and in impacts to offsite vegetation. The disturbance is further one that was neither approved by DMG, nor bonded for by the permittee, at the time of the inspection. Additionally, it is uncertain exactly how long the violation had been occumng before the Division inspection occurred. It is, however, highly likely the problem existed before the DMG observed it. It is also apparent that had the Division inspection no[ occurted at the time i[ did, the violation would have continued for an unknown length of time. I therefore believe $1000 is an appropriate amount for the Seriousness component. Fault (Rule 5.04.5(3)(c)): The Fault component of a Proposed Civil Penalty Assessment may range from $0 to $1500. Assessments for "unavoidable" violations may range from $0 to $250. Assessments for violations that resulted from "indifference" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. Based on the evidence presented to date, it does no[ appear that this violation was the result of an unavoidable ac[ of nature, nor the result of intentional conduct. However, as the pit ramp lies in what appears to be a visible, highly traveled, and easily accessible area, it would appear that a fairly high degree of indifference toward inspecting the sediment control ditch existed. I therefore believe that $750 is an appropriate amount for the Fault component. Good Faith in Achieving Compliance (Rule 5.04.5(3)(d)): Up to $1250 may be subtracted from the Proposed Civil Penalty Assessment if the person to whom the NOV was issued: • took extraordinary measures to abate the violation; • achieved abatement in the shortest time possible; and • achieved abatement before the expiration of the time fixed for abatement in the NOV. While the violation appears to have been abated in the shortest time possible and before the issuance of the NOV, there does not appear to have been any extraordinary ef(or[ needed to abate. I therefore believe a reduction of $750 is an appropriate amount for the Good Faith component. The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended at $1000.