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<br />Mandatory Penalty <br /> <br />Rule 5.04.5(2) requires that a minimum civil penalty of 51750.00 be assessed <br />for mining without a permit. <br />History <br />There are no previous violations <br />Seriousness <br />The proposed assessment was 5750.00. Mining was not conducted in accordance <br />with the performance standards; no topsoil was salvaged and a drainage was <br />blocked. <br />Faul t <br />No assessment for fault was proposed. I agree with this, Mr. Wiggins had <br />evidence which indicated to him that no permit was necessary. He had <br />contacted the Division about the need to permit the area and received the <br />December 24, 1987 letter which contained incorrect information about the need <br />for a permit, <br />Good Faith <br />In order to reduce a penalty for good faith the violation must be abated. The <br />abatement for this violation requires that the site be reclaimed. This has <br />- - not peen completed and thus a good faith reduction can not be subtracted <br />Final Civil Penalty <br />Mandatory Penalty 51750.00 <br />History Y0.00 <br />Seriousness 750,00 <br />Fault 0.00 <br />Good Faith 0.00 <br />TOTAL Z~6 <br />{ ern <br />5366E <br />