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Violation No. 3: 39-33-120(2)(J)(ZI) <br />• Failure to conduct surface coal mining operation so as to prevent additional <br />contributions of suspended solids to runoff outside the permit area and failure <br />to construct adequate siltation control structures. <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: 5 375.00 <br />2) Duration and Extent of Violation: <br />a) a Zong duration time was assessed, since sediment control <br />structures were approved by the Division, but never constructed. <br />Since a long duration time was assessed, the penalty is 5437.50. <br />Duration Total: 5 437.50 <br />b) a large extent was assessed, since failure to control runoff <br />• from the mine site may degrade the hydrologic balance of the Hay <br />Gulch drainage system. Since a large extent was assessed, the <br />penalty is 5437.50. <br />Extent Total: S 437.50 <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: 51,500.00 <br />TOTAL ASSE5519ENT FOR THIS VIOLATION: <br />53,250.00 <br />• <br />