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ro -3- Historv The permlttee ha currently under These violations history componen s received two previous violations which are not administrative review in the preceding calendar year. were NOV's 83-31 and 83-32. The Division must assess a t of (50.00 for each violation. History Total: II Seriousness S 100.00 The Division views this violation primarily as a violation of the administrative requirements of the permit. The Division feels that enforcement of the performance standards was obstructed since the permlttee had not provided proper designs, certification, and information that the particular road to question would meet the applicable performance standards. In the road's current constructed configuration, the Division sees possible conflicts with the performance standards involving haul road drainage, construction, certification, and location. As noted previously, the Division feels that the permlttee was well aware that such a road would need to be incorporated Into the existing permit. For this reason the Division assesses a civil penalty for seriousness of ;1,000.00. Seriousness Total: III Fault f1,000.00 The Dl vision feels that this violation occurred as a result of actions greater than negligence on the part of the permlttee. The Division feels that the permlttee was aware that such a road must be permitted. In this case the company knowingly constructed a haul road which had not been approved by the Division For this reason the Division assesses a E1,250.00 civil penalty for fault. Fault Total: Summary History Seriousness fault TOTAL 2f ,350.00 Notice of Violation CV-84-029 51,250.00 This violation was written because the permlttee had not provided adequate sediment control for an area of disturbance related to the operation. This area does not have its drainage passing through a sediment pond or other - f 100.00 - (1,000.00 - (1,250.00 treatment facility.