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<br />Explanation of Proposed Civil Penalty <br />Notice of Violation C-91-004 <br />History The mine has been issued 2 Notices of Violation during the preceding <br />T'~month period. Both have completed administrative review. Assessment for <br />History is 2 x E50.00 or 5100.00. <br />Seriousness The violation involves failure to protect topsoil from wind and <br />water erosion by establishing an effective cover of plants. Such protection <br />is required by Rule 4.06.3(21(a)(i1 to be provided during the first growing <br />season after topsoil removal unless other methods are approved by the <br />Division. On page 47 of the Permit Application Package, the operator had <br />committed to stabilize this stockpile following construction with approved <br />temporary seed mix. Although efforts to provide the protection had not been <br />made, there was no visible evidence of significant erosion of the pile or loss <br />of the resource. The potential was created, however, through continued <br />failure to protect, that enough resource could be lost to cause a delay or <br />failure of revegetation efforts. Since the area is small and no loss was <br />evident after 1 year, this potential is considered low. Assessment for <br />seriousness is 5250.00. <br />Fault The operator had committed to seed the stockpile in question with <br />eporoved temporary seed mix. The stockpile was constructed in July 1990, <br />Efforts to stabilize the stockpile, however, were not made during either the <br />subsequent fall of 1990 or spring of 1991 planting seasons. As a result, the <br />operator is considered moderately negligent in not exercising reasonable care <br />to protect the resource. Assessment for Fault is E500.00. <br />0. Days The penalty is assessed for 1 day, <br />Goad Abatement of the violation was required by 5:00 p.m. May 22, 1991. The <br />operator, however, seeded the entire Dile by the afternoon of the inspection <br />date. May 15, 1991. The violation was terminated that same date. This is <br />considered extraordinary effort as well as abatement in the shortest possible <br />time and before expiration of the time fixed for abatement. Reduction of <br />penalty for good faith is 3250.00. <br />JCS/yjb <br />6239E <br />