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-I • • • <br />Re:Justification NOV C-86-033 - 2 - June 23, 1986 <br />Fault <br />The proposed civil penalty was E750.00. Mr. Fanyo stated that there was a <br />communication problem and the engineering staff was not aware of the coal <br />removal area. They thought the disturbance area constituted the removal <br />area. The environmental staff was not aware the pit had advanced to the point <br />it had. <br />I agree with the proposed penalty. The lack of communication represents a <br />high level of negligence. Additionally, the operator should have been aware <br />that an update was needed since the permit was approved in 1982. <br />Good Faith <br />The violation was abated within two days. The operator contacted the Division <br />the same day the violation was written and resolved ail outstanding concerns <br />with the Division two days later. This was the earliest the Division could <br />meet. I feel this represents an extraordinary effort and is the shortest time <br />possible. I propose to reduce the penalty an additional E250.00. <br />Final Civil Penal <br />History L 0.00 <br />Seriousness 250.00 <br />Fault 750.00 <br />Good Faith -500.00 <br />TOTAL x`566.-Q6 <br />/dlm <br />1506E <br />