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<br />SETTLEMEN'P AGREENlEIQT NSTIFICATION <br />NOV CV-97-004 <br />Notice of Violation (NOV) CV-97-004 was issued for failure to <br />minimize impact to the hydrologic balance; Failure to prevent <br />additional contributions of suspended solids to stream flow outside <br />of the permit area; failure to minimize siltation; failure to <br />construction haul road relief drains per approved designs and <br />failure to implement temporary erosion control measures. <br />Mr. Larry Routten presented testimony and slides describing the <br />placement of fill in Annand Draw. The material was generated as a <br />result of road widening and maintenance during snow conditions. <br />This fill adversely impacted an effemeral stream. No silt fence <br />was used to reduce impacts to the stream. <br />Also, down drains were constructed over the road shoulder but were <br />not completed by rock armoring as required by the permit. Erosion <br />of the road shoulder created a sediment flow onto the surrounding <br />land within the permit boundary. <br />The proposed civil penalty for NOV CV-97-004 was: <br />History $ 100.00 <br />Seriousness (Significant) $1000.00 <br />Fault (Negligence) $ 750.00 <br />Good Faith $ 0.00 <br />Number of Days Penalty Assessed 1 <br />At this Assessment Conference, Mr. Michael Altavilla discussed the <br />road widening, Annand Draw and the down drains. The lack of rock <br />in the down drains was an oversight. Michael has informed Jim <br />Burnell that silt fences are going to be installed. A technical <br />revision was submitted to address the road grading. <br />After considering testimony from the Division and the Operator, I <br />have come to the following conclusions; <br />Historv <br />A civil penalty of $100.00 for 2 NOV's in the past 12 months is <br />appropriate. <br />