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Given the nature of the violation, it is not helpful to describe the area to which the violation applies, <br />beyond stating that all of issues a -I are located within the disturbance boundary. <br />Pursuant to Rule 5.04.3(2), 1 am requesting that you determine the amount of the proposed civil penalty <br />for the violation. The notice of civil penalty is due on or before September 20, 2013. To assist you in your <br />research for determination of the civil penalty I offer the following comments in addition to copies of <br />the NOV and the inspection report (which are attached): <br />• Pertaining to History <br />o No violations or cessation orders have been issued to NECC in the last 12 months <br />• Pertaining to Seriousness <br />o There was no evidence that any of issues a -I had an off -site impact <br />o None of issues a -I caused any additional disturbance <br />• Pertaining to Fault <br />o All of the issues a -I included in the NOV had been identified in the inspection report of <br />April 29, 2013, or earlier. In particular, issues i and j were first identified in the <br />inspection report of October 16, 2012 <br />• Pertaining to Good Faith <br />o Eight steps are required to abate the violation, they are listed below, with their due <br />dates <br />1. Clear culverts C73 and C19 of accumulated sediment to restore them to the <br />approved design (September 16, 2013) <br />2. Establish a berm to the south of culvert C2 that will prevent runoff from the <br />shop area flowing into the clean water diversion system (September 16, 2013) <br />3. Grade the channel where culvert C4 was removed to prevent the impoundment <br />of water (September 16, 2013) <br />4. Restore the berm at the "new water tank" SAE to its approved design <br />(September 16, 2013) <br />5. Clear vegetation, rocks and non -coal waste, and reshape and grade the <br />following ditches as necessary to restore them to the approved design: clean <br />water diversion ditch above West Fan; D29; D2913; D7; D9; D26 (September 30, <br />2013) <br />6. Restore culvert C41 to its approved design, and backfill and grade around the <br />inlet (September 30, 2013, extended to November 4, 2013) <br />7. Clear the upland diversion ditch above the RDA of fallen rocks and trees <br />(September 30, 2013) <br />8. Survey the entire length of the upland diversion ditch above the RDA to allow <br />comparison of constructed ditch with the approved design (September 30, <br />2013) <br />