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- Violation No. 1: 34-33-120(2)(d) <br />• Failure to stabilize and protect all surface areas, including spoil piles, <br />affected by surface coal mining and reclamation operations to effectively <br />control erosion and attendant air and water pollution. <br />~, <br />A. History: <br />History Total: 5 0.00 <br />B. Seriousness: <br />1) Probability of Occurrence: Damage did occur at the site. Since damage <br />did occur, the assessment for probability of occurrence is 5875.00 <br />Occurrence Total: 5875.00 <br />2) Duration and Extent of Violation: <br />a) a long duration time was assessed, since the problem has existed <br />for some time, and no plans have been received which would indicate <br />a correction of the problem. Since a long duration time was <br />assessed, the penalty is 5437.50. <br />Duration Total: 5437.50 <br />• <br />b) the extent was relatively small (Zess than 10 acre.:). The penalty <br />for small extent is assessed at SI45.80 <br />Extent Total: 5195.80 <br />C. Fault: <br />The violation occurred as a result of a greater degree of fault than negligence. <br />The penalty assessed for fault is 51,500.00. <br />Fault Total: $1,500.00 <br />TOTAL ASSESSMENT FOR THIS VIOLATION: <br />52,958.30 <br />• <br />