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<br /> <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-085 <br />Notice of Violation C-93-085 was issued for °Failure to maintain <br />culverts." Specifically, two 24 inch culverts underneath the <br />access road were crushed by heavy equipment. The abatement <br />required the operator to replace the culverts or remove the <br />culverts and reestablish the ditch, utilizing a swale for <br />crossing the ditch. If culverts are removed a TR is required for <br />the design change. Wally Erickson, filling in for Joe Dudash who <br />wrote the NOV, said that a TR was submitted 4 days after the NOV <br />was issued. The culverts have been removed for the most part, <br />although he did see some small remnants. The Swale was <br />constructed by July 19. <br />Mark Kerr, of Landmark Reclamation, said the culverts were <br />crushed when they were replacing topsoil at the end of May. They <br />felt they had sufficient cover above the culverts to protect <br />them, but apparently they did not. He felt the proposed civil <br />penalty was too high. The proposed civil penalty was: <br />History $50.00 <br />Seriousness $750.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $1550.00 <br />Seriousness <br />The two culverts were an integral part of the sediment control <br />system. The crushing of them impeded the operation of the <br />system, but the duration was short and the area was small. There <br />was concern about the close proximity to Engleville Gulch, <br />however, there was no damage to the gulch. I am reducing this to <br />$500.00. <br />F u t <br />The proposed penalty was assessed at $500.00, because the <br />operator should have noticed and repaired this key element of the <br />sediment control system. The operator did notice that the <br />culverts were crushed; they misjudged the amount of cover <br />overlying them and the impact of the machines. They were <br />planning to remove them, I think this represents mid-level <br />negligence and I feel a reduction to $500.00 is appropriate. <br />Good Faith <br />A TR was submitted 4 days after the NOV was issued. The culverts <br />have been removed and a Swale constructed. The operator has <br />diligently been correctly the problem, however some remnants of <br />the culvert remained in the ditch and the NOV has not been <br />terminated. I am not recommending a good faith reduction, <br />Settlement Agreement Penalty $1050.00 <br />