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History <br />The history component was not disputed. <br />Seriousness <br />I propose no change to the assessment for seriousness. While there is <br />apparently low potential for disturbed flow to bypass sedimentation ponds, it <br />is apparent that in a large number of locations, structures specified by the <br />approved permit had not been constructed or maintained, and it is possible <br />that the overall effectiveness of the drainage control plan was compromised as <br />a result. <br />Fault <br />I concur with the proposed assessment for fault. Given the extent to which <br />the 51te conditions diverged from the requirements of the approved permit with <br />respect to construction and maintenance of drainage control structures, I <br />conclude that the operator exhibited a high degree of negligence. <br />Good Faith <br />I believe good faith <br />abate the violation. <br />notification of the M <br />portion of the mine's <br />within the designated <br />8250.00. <br />Amended Civil Penalty <br />was exhibited by the operator in responding rapidly to <br />Field work was initiated upon receiving verbal <br />)V's and some employees were called on to work during a <br />scheduled vacation. The violation was fully abated <br />time period. I proposed a good faith reduction of <br />History $0.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Good Faith -$250.00 <br />TOTAL $1000.00 <br />