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Alleged violation number three reflects Mr. Fritz's judgment that the existing sedimen- tation ponds do not provide adequate sedimenta- tion control. Specifically, the Clotice reflects the fact that P(r. Fritz felt that sedimentation ponds or other control structures should be in- stalled at two specific locations in the area of I:CC's surface mining operations. In this regard, KCC had already scheduled the construction of a sedimentation pond in the area beneath the double topsoil storage area which was mentioned by Mr. Fritz. In the second area, located upstream from sedimentation pond number four, 1:CC has scheduled the construction of a diversion ditch to assure that all run off from the relevant drainage passes through sedimentation pond num- ber four. History of Previous Violations. 30 C.F.R. ri723.12 • Again, XCC notes that it has no previous violations. Seriousness, 30 C.F.R. 5723.12 (c) Probability of Occurrence -The area-below the double topsoil storage site has only recently reached the operational . posture in which it would receive drainage from Y.CC's_-mining operations. Further, due to the very arid climate of Jackson County, Colorado, there have been no discharges cahich would re- quire the existence of a sedimentation pond since the time this area was placed in a posi- tion-to receive discharge from a disturbed area. Thus, the probability of-the occurrence of the environmental harm which the performance stan- dard was designed to prevent is virtually in- significant. With respect.to the area upstream from sedimentation pond number four, ICCC contends that the number four pond provides more than ade- quate sedimentation control for the relevant drainage, thereby.rendering the probability of occurrence insignificant. These same factors demonstrate that the extent of potential or ac- tual damage from failure to install the suggested sedimentation control structures is de minimis. . Extent of Potential or Actual Damages Due to the absence of actual discharges as consequence of the arid climate, the potential -5-