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WELBORN DUFFORD BROWN ~ TOOLEY, P. C. Mr. Gregg Squire January 4, 1988 Page 3 would be needed if stability was to be achieved. Two additional ponds were constructed in 1987. Final shaping and stabilization practices are planned for 1988. Also, the area draining into the drainage structure is sufficiently along in the vegetation establishment process that final stabilization activities may begin in 1988. The Division knew of these stabilization efforts from its inspections over the last two years and never mentioned a possible violation. Trapper's postmine topography maps for 1984, 1985 and 1986 showed the structure as it existed then and were approved. Upon inspecting the site in December, 1987, the Division declined to issue an NOV until OSM's 10-day notice was received. Trapper has been diligent and methodical in its efforts to produce a stable structure and had no previous indication that a possible violation existed. Under these circumstances, the alleged violation was unavoidable, and the monetary assessment for fault should therefore be zero. Good Faith The regulations allow good faith credit up to $1,250 against any assessed penalty. The amount of credit is based upon extraordinary measures to abate a supposed violation, in the shortest possible time. Trapper should receive the maximum amount of credit. The 10-day notice upon which the NOV was based, was issued by OSM on December 7, 1987. Trapper took corrective action to abate the alleged violation starting December 7, 1987, and completed it by December 8, 1987. Trapper did not receive the NOV in the mail until December 21, 1987. Thus, the NOV was abated within three days of the inspection which led to it, before the 10-day notice was received by the Division, and before the NOV was issued. In addition, abatement consisted of hauling straw bales through the mud and snow and hand placing them into the bottom of the drainage structure. Bales were placed until access prevented Trapper's all-terrain vehicle from reaching the site. The muddy nature of the area was about to result in excessive damage (ruts) to the reclaimed slopes.