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Rule 4.05.5(1) states "Appropriate sediment control measures shall be designed, constructed and maintained using the best technologv currently available to: (a) prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;" (emphasis added). Colowyo utilized the best technology available (SEDCAD modelling) to design the ditch, then constructed an even larger, oversized ditch. To our knowledge there exists no technology that can predict snow drifting, and its effects on ditches. Therefore, the Division's contention that our designing of the ditch "without reflecting actual environmental conditions" is not valid as there exists no "best technology currently available" with which to do so. Furthermore, the Division's assertion that the ditch is an improper sediment control practice because of yet unresolved issues ignores the facts relevant to the history of the ditch (see the Colowyo memorandum of August 12, 1993 concerning the history of the ditch). Erosive damage below the topsoil stockpiles is overstated. Runoff below the stockpiles consisted primarily of overland flow. Colowyo observations of these areas during the next growing season indicate, as expected, no effect on the environment. Duration of the breach was less than 24 hours. As stated in our May 20, 1993 letter to the Division, Juan noted the problem with the ditch and provided initial repairs very quickly in order to return the water to the ditch. Later in April, we attempted further repairs to the ditch with a dozer. The dozer work improved the existing flow of water in the ditch but final ditch repairs could not be completed until the site dried out. Again due to record April precipitation (4+ inches) any level of activity within the ditch was difficult and complex. Due to the limited flow of water leaving the ditch, extent of the damage was low and duration was very short. We respectfully request that the penalty amount for seriousness be reduced to insignificant - $0. C. Fault Based upon the information contained herein, especially the ditch modelling chronology presented in our August 12, 1993 memo, Colowyo believes the Division's statement that there was "indifference and lack of reasonable care" with respect to this violation is a misrepresentation of the facts. Again, based upon the relevant facts contained herein, especially noting that the ditch breach was caused by a snowdrift and not poor design, and that Colowyo corrected the ditch breach immediately, we respectfully request that the penalty for fault be reduced to unavoidable -$0.