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;_ <br />i • <br />-3- <br />Notice of Violation 81-16 <br />I. $100.00 is assessed for the history component of this violation. <br />2. Based upon the evidence presented, the degree of seriousness is minimal. <br />The fact is that some topsoil was dispersed by the wind - a problem that is <br />of particular concern in the Walden area - but that the damage, duration and <br />extent was minimal, The Division proposes $350.00 for the seriousness component <br />of the civil penalty. <br />3. The degree of fault associated with this violation is negligence. The <br />topsoil should have been mulched and seeded immediately, under an approved <br />plan, but it was not done until after it was noted during the inspection. <br />Three days after the inspection the topsoil stockpile was stabilized. It <br />appears that this was a lack of diligence on the part of the operator. The <br />proposed amount for this component of the civil penalty is 5250.00. <br />4, Therefore, the total proposed civil penalty for this Notice of Violation is: <br />5100.00 for history <br />$350.00 for seriousness <br /> <br />$250.00 for Fault <br />$700.00 <br />Good Faith <br />Walden Coal Company does not present any arguments which warrant consideration <br />of good faith reductions in the proposed civil penalties. The company has <br />not met any of the abatement requirements for the Notices of Violation nor <br />did the company request any deadline extensions or modifications to the <br />abatement requirements. Good faith consideration, as presented in the <br />regulations, is given, "...if the person to whom the Notice of Violation... <br />was issued took extraordinary measures to abate the violation and that abate- <br />ment was achieved in the shortest possible time and before the expiration of <br />the time fixed for abatement in the notice..., or any modification thereof." <br />