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The proposed civil penalty originally determined by the Assessment Officer for CV- <br />2010-004 was: <br />History $0.00 <br />Seriousness $750.00 <br />Fault $750.00 <br />Number of Days of Penalty Assessed 1 <br />Good Faith $0.00 <br />Total proposed penalty $1500.00 <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I believe that a violation did occur and under the seriousness category the level of <br />low/moderate was appropriate. Actual impacts as the result of the unapproved <br />construction were minimal. However, failure to design and construct permanent post <br />mining drainages in accordance with approved reclamation plan is a serious matter that <br />can easily lead to additional problems in the overall function of the sediment control <br />system. Design and function of these structures are essential to the overall success of the <br />final reclamation. Failure to maintain a sediment pond is also a serious matter that <br />impacts the proper function of the sediment control system. Therefore assessment of <br />$750.00 is deemed appropriate and no reduction is being proposed. <br />Fault <br />There is no disputing that the operator improperly constructed and maintained the subject <br />ditches. In addition, the deviations related to location in the field were significant enough <br />to have warranted additional permitting prior to construction or at least shortly after <br />construction. The proposed assessment indicating a high degree of negligence is <br />appropriate for this violation and the assessment of $750.00 is being upheld. <br />Number of Days of Penalty Assessed <br />I concur with 1 day. <br />Good Faith <br />The operator did respond quickly to begin work on re-constructing ditches and to repair <br />the pond. They were working on the ditches within 20 days of receiving the notice of <br />violation and the pond repair was verified during a September 22, 2010 inspection. They <br />also are implementing a policy to verify as-built construction going forward. As of the <br />date of the assessment conference, all of the abatement steps had been completed.