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this thermal event is also uncertain. <br />Some damage to the environment, both actual and potential, exists due to the presence of <br />noxious weeds. Noxious weeds interfere with the achievement of the approved reclamation <br />plan. Noxious weeds also have the potential for off -site impacts. The extent of this weed <br />infestation appears to be site -wide (9.8 acres as reported in the 2010 Annual Reclamation <br />Report). <br />Approximately 1.06 acres is associated with the two unreclaimed sediment ponds. Failure by <br />the permittee to have reclaimed these ponds as required creates some amount of potential <br />impact to the public and environment in the event of the ponds filling with water and failing. <br />The extent and duration of this potential impact, however, is uncertain. <br />The Seriousness component of this assessment is therefore proposed to be set at $1500. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The permittee, in a letter dated 12/27/11, informed DRMS of the permittee's intent to not renew <br />its DRMS permit. The permittee subsequently did not file an application for permit renewal, thus <br />ensuring its DRMS permit would expire. The permittee had not completed its required <br />reclamation at the time of permit expiration. This demonstrates a very high level of intentional <br />conduct. <br />The Fault component is therefore proposed to be set at $1500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />The permittee did not abate this violation by the required abatement date. <br />A reduction for Good Faith Credit is not proposed. <br />Number of Days [Rule 5.04.6]: <br />The Division may assess a separate civil penalty for each day from the date of issuance of the <br />notice of violation or cessation order to the date fixed for abatement of a violation. In <br />determining whether to make such an assessment, the Division may consider the extent to which <br />the person to whom the notice or order was issued gained any economic benefit as a result of a <br />failure to comply. <br />The Division is assessing this civil penalty for a single day. <br />The Number of Days is therefore proposed at 1. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $25,500. <br />