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<br />File No. C-048-fl1 -3- December 6, 1982 <br />3. If a violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $750.00, but not more than $1,500,00, will be <br />made. <br />NOV 82-43 occurred because of negligence, lack of diligence and lack of <br />reasonable care. The maximum amount for negligence, $750.00, is proposed. <br />Fault Total: $750.00 <br />D. Good Faith in Achieving Compliance - Rule 5.04.5(2)(d) <br />A maximum of $1,250.00 may be subtracted for extraordinary efforts in <br />achieving compliance. Upon notification of the violation, the operator immediately <br />constructed the designed drainage ditch for cut 12 in pit 2. In addition, the <br />sediment control system for the next three cuts, which included a sediment pond, <br />was constructed. The construction was verified by an on-site inspection on <br />November 17, 1982. Because of the demonstrated diligence in rectifying the violation, <br />the Division deducts 25% of the violation amount (3312.50) for good faith. <br />Good Faith Total: $312.50 <br />Sum of Assessments <br />History: $ 50.00 <br />Seriousness: $328.00 <br />Fault: $750.00 <br />Good Faith: -$312.00 <br />$815.50 <br />The Division proposes the amount of civil penalty for NOV 82-43 at <br />$800.00 <br />