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-9- <br /> This is a violation of administrative requirements. The proposed assessment <br /> for the seriousness component must then be based on the extent to which <br /> enforcement was obstructed by the particular violation. In this case the <br /> Division believes that enforcement was obstructed to a minor degree. The <br /> ponds mentioned in the Notice of Violation are all operational ponds. The <br /> levels of water and slurry in the ponds are controlled by the operator. <br /> Failure to submit designs for the drainage ditch is more seriousness but, <br /> based on previous performance, the ditch appears to be adequate. <br /> The minimum of $250.00 for negligence is proposed to be assessed. Failure to <br /> submit designs for these structures is felt to be a case of simple negligence. <br /> /th <br /> Doc. No. 2641 <br />