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January 23, 1985 <br /> MEMORANDUM <br /> Mid-Continent NOV C-84-090 <br /> Page Two <br /> II. PENALTY ASSESSMENT <br /> A. History: againstolatio <br /> Based on the fact thatone lwithinnthes issued 12mont hsprior to this <br /> Mid-Continent Coal Resources <br /> NOV, an assessment of $50.00 is recommended. <br /> B. Seriousness: <br /> The <br /> Division proposed an assessment the sediment ponds were filled <br /> for seriousness of $1 ,600.0 . <br /> This was based upon the belief ifathis were so, the potential for <br /> beyond their design capacity. <br /> If the violation <br /> high- lation is modified as <br /> grave consequences was very 9 <br /> recommended, the potential seriousness of <br /> thevi becauose of the <br /> o <br /> the short-circuiting of the lower <br /> pond <br /> breac <br /> h in the drainage ditch. I recommend an assessment of $325.0 <br /> for seriousness. <br /> C. Fault: <br /> recommend that the rationale and proposed assessment for f ault.00 <br /> I ssment for fault in the amount of <br /> remain unchanged. An asse <br /> was proposed. <br /> 0. Good Faith: <br /> No award for good faith is recommended. <br /> E. Total Assessment: <br /> sment for NOV 84-090 of $875.00. <br /> I recommend a total asses <br /> /wjh <br /> cc: Jim Herron <br /> 7000F <br />