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<br />Notice of Violation Jtl-Ir. <br />1. $100.00 is asr,cr;:;cd fnr the hir;tory crnnp..~nr•nC of tAi violation. <br />2. Dased upon the cvirlnncc presented, tAc r1r•grce of ocriousnoss is minimal. <br />The fact is that som^ Lnp::ei1 was dispcrserl 61J the wirer] - a problem that is <br />of particular concern in thn [Jalrleq nrea - but that the damage, rlurati on and <br />extent was minimal. The Division uroposes $350.0(1 (or the seriousness component <br />of the civil penalty. <br />3. The degree of fault n~:;nriatrd with LAi^ vinlaLinn is ncgligcrlr_c. The. <br />topsoil should have br.en mulchcr! and seprlerl immr,dintr~ly, under an approver) <br />plan, but it was rent clone until after it w,is notr_d during the. inspection. <br />Three days after the .inspection the topsoil storkpilc I:as staLilized. It <br />appears that this wa: a lnr, l; of diligence on the part of the operator. The . <br />proposed amount fnr this crnnponcnt of the civil pen,llty is 5250.00. <br />4. Therefore, the tntnl pnrpo^ed civil pr`n.ilty fnr Chip Notion of Violation is: <br />;1(70. n0 for history <br />;J50.n0 for ~rcriou Win,.,: ~: <br />,`•250.00 fnr 1'nult <br />S~oo.no <br />Good Faith <br />[/alden Coal Company rlocs not Jrmsent any .ugum•nts which warrant considenrtion <br />of good faith reduction; in the proposed civil ponaltie.. Thn company has <br />nOt met arty of Lhc abatement rr_•guiremctlt^ Cor the Nnticcr: of Violation nor <br />d2d t17e (:Ompally r(`g uC:dt ally dC,]r11117 L` eX terra OnS OC mr.l ell lr G)tl rJrlS t0 t11C <br />abatement requirements. rnor7 faith consideration, n. proscntcd in Cho <br />regulations, is given, '...if the person to c:hom rho NaCi m of Violation... <br />was issued took c:rtraordinary mcnsures to abate the' violaCion rend that abate- <br />ment was achieved in the :hortcst possiLle time and before the expiration of <br />the time Fixed for abntem~nt in the notice..., or any modification thereof" <br />