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<br />E. Good Faith <br />The breach in the ditch was initially repaired within 24 <br />hours of occurrence using a hand shovel in muddy, sloppy and <br />difficult circumstances. The DMG inspection report of May 4-6, <br />1993 supports this with the statement "as a whole ditch performed <br />well its first runoff season. Breach in ditch responded to quickly <br />by operator before inspection". Final maintenance to the ditch was <br />completed in the shortest time possible, given the prevailing <br />conditions. We physically could not complete the final dozer <br />repairs until fifteen days after the issuance of the NOV. The <br />Division should also be aware that due to maintenance problems with <br />Colowyo's D-7 reclamation dozer. Colowyo immediately rented a D-6 <br />dozer to complete all maintenance items during this period of time. <br />The D-6 dozer's efforts were completely devoted to completing this <br />and other springtime reclamation repair and maintenance activities <br />at Colowyo. <br />By letter dated June 15, 1993 Colowyo noted that <br />abatement step #3 was inappropriate and the Division concurred by <br />its June 30, 1993 NOV Modification Notice removing abatement step <br />#` 3 . <br />As such, given Colowyo's extraordinary efforts to achieve <br />compliance, we respectfully request that a good faith reduction in <br />the penalty be given serious consideration. <br />Colowyo intends to discuss the issues contained herein at <br />the Assessment Conference on August 17, 1993. If you have any <br />questions regarding this matter, please contact me. <br />Sincerely, <br />a. ~~~ <br />J mes A. Kiger <br />Sr. Environmental Specialist <br />btb <br />xc: R. G. Atkinson <br />Central Files <br />