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32 <br /> <br />1 <br /> <br />1 has set civil penalties at substantial amounts on occasion and <br />2 then has suspended portions of that civil penalties in <br />3 recognition that if an operator goes out and does what the Board <br />4 has asked them to do, that the operator has been given credit to <br />5 good faith or effort to do that stuff. <br />6 To take--undertake those measures, and it would be seem <br />7 to me that in it case like this is that you establish there is a <br />8 violation there is a corrective action which, quite frankly, is <br />9 going to be substantial with regard to this operation. <br />10 They are going to have to do geotechnical studies which <br />11 are not hope to do they are going to have to take remedial <br />12 actions to stabilize those slopes, but are going to have to come <br />13 to an agreement with specifically what our appropriate surfacial <br />14 materials, both soil and also with respect to vegetation will <br />15 best take to those sites, and whether you call it restoration or <br />16 reclamation, I think that what the Division is going to look at <br />17 is what is going to have a best chance of success and that is <br />18 what's going to have the best chance of success with trees or 2- <br />19 foot seedlings or whatever. <br />20 And that's what's going to be a technical determination <br />21 with respect to the long term goals with trying to get that <br />22 established. My view would be, I guess, specifically with regard <br />23 to the violation that it might be appropriate for the Board to <br />24 set a civil penalty as done in the past and consider a suspension <br />25 with respect to giving the operator a chance to show good faith <br />