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4 ' <br /> Mr. Doug Bowman -2- April 24, 1984 <br /> In the case of NOV C-84-052, the Division determined that damage was not <br /> likely to occur. If the underground development waste pile failed, the waste <br /> material would be contained within the sediment control system plus the <br /> material would most likely slide onto an area where topsoil has already been <br /> removed. There is a slight possibility, however, that some material from the <br /> northeast portion of the pile could slide onto an undisturbed area <br /> approximately 30 to 40 feet away. Based upon the above, it was determined <br /> that the duration and extent would also be small . Therefore, approximately <br /> one-fourth of the maximum of each portion of this component of $200.00 is <br /> proposed to be assessed. The total proposed assessment for the seriousness <br /> component of NOV C-84-052 is, therefore, $400.00. <br /> The fault component is broken into two separate categories: 1 . Those <br /> violations that occurred due to negligence; and, 2. Those violations that <br /> occurred due to a greaterdegree of fault than negligence. Both violations <br /> best fit in the category of negligence. The maximum of $750.00 for negligence <br /> is proposed for both violations. In both cases, the Division believes that <br /> the operator was very negligent in both educating the equipment operators in <br /> the proper techniques for constructing the waste piles, and in monitoring the <br /> construction of the waste piles. <br /> If you wish to contest the facts of the violation and/or the proposed civil <br /> penalty, you must complete and return the enclosed Request for Conference form. <br /> If you have any questions, please feel free to contact me. <br /> 4clR <br /> erely <br /> ,mot----_ <br /> Herron <br /> am ationn Specialist <br /> JH/ph <br /> Enclosure <br /> cc: Mr. Dave Sturges <br /> Doc. No. 0953 <br />