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The proposed civil penalty was: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $500.00 <br />History <br />There have been no violations during the past twelve months. <br />Seriousness <br />I agree with the proposed penalty. <br />F3~t <br />The proposed assessment refers to a slide that occurred in roughly the same area in 1993 and <br />suggests that the operator did not complete a thorough investigation of the slide at that time. In <br />the conference this situation was discussed at length. The 1993 slide occurred before grading <br />had occurred. Trapper completed final grading of the slide area and there was no reason to <br />conduct further investigation. In fact during a September, 1993 DMG inspection it was reported <br />that the area had been graded and topsoiled. Furthermore, although the slide in 1993 was in the <br />same general vicinity there is no evidence to show a correlation with the 1995 slide. Mr. <br />Wehmanen reported that failures occur periodically in ungraded spoils, but this is the fast time <br />they have had a slide in a fully reclaimed area. <br />Once the 1995 slide occurred Trapper notified the DMG immediately and they are taking all <br />possible measures to evaluate the cause of the slide and repair the damage. The unusually wet <br />conditions this year has delayed completion of the project. <br />Climatic conditions have been very unusual this year starting with a warm winter. Heavy <br />precipitation began in March and continued through June saturating the soil. The extreme <br />precipitation is the highest level for over 50 years. <br />Based on the information presented in the conference, I am recommending the fault component <br />be reduced to unavoidable. I see no evidence connecting the 1993 slide and the 1995 to indicate <br />Trapper was negligent. All terms of the approved permit were complied with. <br />Good Faith <br />Trapper has taken all necessary actions to repair the slide and abate the NOV in a timely manner. <br />However, due to the wet conditions final abatement has been delayed. <br />I am not recommending a good faith reduction. <br />