ENFORCE38091

• Permit No: C1981047
• IBM Index Class Name: Enforcement
• Doc Date: 1/4/1982
• Doc Name: PROPOSED CIVIL PENALTY FOR NOV 81-43
• From: MLR
• To: BLUE RIBBON MINE
• Violation No.: CV1981044
• Media Type: D
• Archive: No

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• •
Blue Ribbon File -2- January 4, 1982
2. Duration of damage
a. short Value of 2
b. medium Value of 3
c. long Value of 4
3. Extent of damage
a. small Value of 2
b. medium Value of 3
c. Large Value of 4
For N.O.V. 8I-43, it was determined that damage did occur from vegetation
being destroyed along the fill slope below the road. Additionally, erosional
problems are likely to occur from failure to establish appropriate erosion
control measures along the road, and instability problems are likely to occur
from removal of the toe of a landslide feature existing directly above a
portion of the road cut. Therefore, a value of 4 was chosen under the probability
category. The duration of damage was determined to be long, due to the length
of time required to successfully revegetate the fill slope and establish
appropriate erosion control measures, and so a value of 4 was chosen under
duration. The extent of damage was determined to be medium, due to the
potential of erosional and instability problems to cause serious problems, and
in particular, the degree of effort required to adequately revegetate the
fill slope. Therefore, a value of 3 was chosen under extent of damage. After
performing the necessary calculations, the ending assessment under seriousness
for N.O.V. 81-43 was determined to be $1,322,50,
Fault - 5.04.5(2)(c)
Violation 81-43 was determined to be a result of a greater degree of negligence
than reckless knowing or intentional conduct. Therefore, the requirements
of 5.04.5(2)(c)(ii) apply and an assessment of $250.00 has been made for fault.
Summary:
History of Previous Violations: $ 150.00
Seriousness: 1,312.50
Fault: 250,00
TOTRL $1,712.50 - rounded to $1,700.00
TOTAL ASSESSMENT: $1,700.00
/mt