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<br />(A) Failure to dispose of spoil, 30 CFR 715.15(a)(1). <br />(B) Failure to adequately store topsoil, 30 CFR 715.16(c). <br />(C) Inadequate sedimentation controls, 30 CFR 715.17(a). <br />(D) Haul road grade and drainage maintenance, 30 CFR 715.17 (e)(3). <br />No proposed assessment was received with respect to the second and <br />fourth violations and no challenge to such violations was taken by the <br />applicant. Proposed assessments were received with respect to the first <br />and third violations. The proposed assessment on the first violation was <br />vacated at the assessment conference. The proposed assessment on the <br />second violation was vacated upon appeal to the Secretary as provided in <br />the Surface Mininq Reclamation and Enforcement Act of 1977. <br />Circumstances claimed to constitute the violations were promptly <br />abated and all violations were terminated by OSM prior to determination <br />• of the vazious appeal processes. <br />(3) NOV 79-5-7-2 issued August 21, 1979, by OSM. This NOV claimed <br />failure of the applicant to maintain adequate sedimentation controls, 30 <br />CFR 715.17 (a). No assessment was made by the Assessment Office of the OSM. <br />No appeal was taken by the applicant. The claimed violation was promptly <br />abated and termination issued by the OSM inspector. <br />(9) NOV 79-5-7-4 was issued October 4, 1979, by OSM. This NOV set <br />forth two alleged violations: <br />(A) Failure to properly maintain diversion ditches, 30 CFR 715.17(c). <br />(B) Failure to properly store topsoil, 30 CFR 715.16(c). <br />Circumstances claimed to be in violated were promptly abated and both <br />proposed violations were terminated prior to the abatement. No assessment <br />was made with respect to either violation.by the Assessment Office of the <br />OSM. Review of the fact of violations was sought by the applicant, but <br />subsequently dismissed upon applicant's own motion. <br />• <br />I- 5 <br />