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~ . ~ ii I <br />was terminated effective October 15, 1979. A copy of the <br />order terminating such violations is attached as Exhibit <br />~~ B ~~ . <br />4. Pursuant to Reg. 30 CFR 723.17 and following the <br />'issuance of a proposed assessment by the Assessment Office, <br />Petitioner requested an assessment conference. The assess- <br />ment conference report was issued under date of April 17, <br />1980. The assessment conference report did not affect <br />Violation No. 1, but did delete the penalty with respect to <br />Violation No. 2 of NOV 79-5-7-4. A copy of the assessment <br />conference report is attached as Exhibit "C". <br />5. Petitioner contests the fact of Violation No. 1 of <br />NOV 79-5-7-4 on the basis that: <br />5.1 Violation No. 1 of NOV 79-5-7-4 was issued <br />under authority of Reg. 30 CFR 715.17 (c) relating to diver- <br />sion and conveyance of overland flow away from the disturbed <br />,area. <br />5.2 Reg 30 CFR 715.17 (c) was issued with the <br />intent of presenting a performance standard which would <br />prevent erosion within a disturbed area and prevent otherwise <br />non-contaminated surface water from being contaminated by <br />flow into a surface area. <br />5.3 The facts for which the Petitioner was cited <br />related to control of surface water flowing from a disturbed <br />area onto or into an undisturbed area. <br />5.4 There is no factual basis for a determination <br />- 2 - <br />