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Memo - Permit No. C-81-019 - 4 - <br />July 7, 1993 <br />Abatement of this NOV apparently occurred within fourteen days, as <br />measured from May 5, 1993 (when the NOV was issued) to May 27, 1993 <br />(when the Division verified a ditch had been constructed uphill form the <br />topsoil to divert surface water away from the topsoil). This was <br />three days ahead of the abatement deadline established in the NOV, without <br />any modification of the NOV occurring prior to that date. This was also <br />apparently done as soon as ground conditions allowed. However, it is not <br />apparent at this time that in achieving abatement of the violation, the <br />operator took extraordinary measures. As such, reduction in the proposed <br />total amount of the civil penalty is not granted at this time. Should any <br />evidence be presented in conference addressing extraordinary measures <br />taken by the operator, this item may be reconsidered at that time. <br />The total amount of proposed civil penalty is therefore established as follows: <br />History $50.00 <br />Seriousness 250.00 <br />Fault 750.00 <br />Additional Per-Day Penalty 0.00 <br />Good Faith Reduction 0.00 <br />TOTAL $1.050.00 <br />DIHfern <br />8023F <br />