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<br />Civil Penalty Assessment <br />Notice of Violation C-92-008 <br />CCMC No. 1 - Permit No. C-81-024 <br />The following is prepared as justification for the attached civil penalty <br />assessment regarding Notice of Violation (NOV) C-92-008. The following documents <br />were reviewed prior to proposing a zero amount civil penalty for this violation: <br />Notice of Violation C-42-008 <br />Inspection Report dated 5/18/92 <br />Letter from Department of Transportation <br />dated July 10, 1992 <br />Permit Findings Document <br />Various Permit Application Materials <br />Map 8, Hydrology of the approved permit. <br />Based on the description in the NOV and the associated inspection report, I have <br />assumed that the NOV pertains to Ditch 14A, as depicted on Map 8 of the permit <br />application. I have assumed that the inspector's measurements relative to the <br />highway right-of-way are proper and that some ditch ;aclamation occurred within <br />100 feet of the outside right-of-way. I have not been able to locate any specific <br />permit wording which addresses a commitment regarding the 100-foot issue. If such <br />language exists, then this assessment should be reconsidered. <br />History <br />According to information provided by Cathy Begej, there were no enforcement <br />actions 12 months prior to the issuance of NOV C-92-008. <br />50.00 <br />Seriousness <br />The operator was conducting required reclamation of an approved drainage ditch. <br />Neither the Division inspection report or the letter from the Department of <br />Transportation indicates any potential or actual harm as a result of this <br />reclamation. In fact, such reclamation is deemed appropriate, and failure to <br />complete such reclamation would constitute a serious problem. <br />50.00 <br />Fault <br />It is this assessment officer's opinion that the operator is without fault in this <br />situation. It seems that the cited activity of ditch reclamation was not only <br />approved by this Division, but absolutely required by this Division. Map 8 shows <br />the approved location of Ditch 14A to be approximately 90 to 110 feet from the <br />highway right-of-way, depending upon the actual location of said right-of-way. <br />