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<br /> <br />I am proposing to reduce the seriousness to $750.00. I agree <br />with Mr. Kieger that there was no drainage off the area. The <br />proposed penalty considered the potential for offsite deposition, <br />but the ditch was constructed the next day and there was no <br />runoff from the area. However, I consider the extent of non- <br />compliance, 30 acres, and the duration of at least several days, <br />to be a moderate level of seriousness. <br />Faul <br />There was some disagreement, between Mr. Waldron and Mr. Kieger, <br />regarding fault and whether or not Colowyo had actually initiated <br />ditch construction before the inspection or after the NOV was <br />issued on May 25. It is my conclusion that Colowyo realized the <br />lack of sediment control before the inspection. The necessary <br />equipment was at the site of noncompliance. No evidence was <br />presented showing that Colowyo intentionally decided not to have <br />sediment control for the area or that they did not intentionally <br />show the area on the sediment control map. Although, I do not <br />see any evidence of intentional conduct I feel it is a high level <br />of negligence. I propose to reduce the penalty to $750.00. <br />Good Faith <br />A $250.00 reduction was granted for rapid compliance. I agree <br />with the good faith reduction. Colowyo rapidly constructed the <br />ditch and they demonstrated an extraordinary effort by completing <br />the ditch in one day, regardless of whether or not they were <br />prompted by their oversight or the issuance of an NOV. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $750.00 <br />Fault $750.00 <br />Good Faith $250.00 <br />Total $1250.00 <br />