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-30- <br /> NOV C-84-103 <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the 12 months prior to this <br /> NOV, an assessment of $50.00 is recommended. <br /> B. Seriousness: <br /> The Division based its proposed assessment on failure to salvage <br /> topsoil for three sediment ponds. Since there is reason to believe <br /> that an actual failure to salvage topsoil occurred at only one <br /> pond, the seriousness of the violation is diminished. $550.00 is <br /> assessed for seriousness. <br /> C. Fault: <br /> The Division based its recommendation for a proposed penalty for <br /> fault upon the premise that the negligence for failure to salvage <br /> topsoil was more serious for three instances in which it occurred. <br /> Since there is reason to believe that failure to salvage topsoil <br /> occurred for only one pond, the operator' s negligence is <br /> diminished. $250.00 is assessed for fault. <br /> D. Good Faith: <br /> The operator, after being notified about this violation, began a <br /> rapid mobilization effort to obtain the services of a contractor <br /> who could provide a loader and four trucks in order to accomplish <br /> the required topsoil salvage abatement. Because of this special <br /> mobilization, the salvage operations were accomplished 22 days <br /> ahead of the abatement deadline. This was considered an <br /> extraordinary reclamation effort. Based upon this favorable <br /> response, $50.00 is awarded for good faith. <br /> E. Total Assessment: <br /> A total civil penalty assessment for NOV 84-103 of $800.00. <br /> 1 <br />