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iii iiiiiiiiiiiu iii • • <br />AGREII4fiNT JIISTIFICATION <br />NOV CV-97-003 <br />Notice of Violation (NOV) CV-97-003 was issued for failure to pass <br />disturbed area runoff through a sediment pond. <br />Mr. Larry Routten presented testimony and slides that diversion <br />ditch number 2 had breached in 3 locations. The breach resulted in <br />a minor amount of erosion sediment impacting land within the permit <br />area but outside of the designated area of disturbance. Abatement <br />was completed on the day of the inspection. The ditch was repaired <br />to permit specifications. <br />The cause of the breach may have been a result of ice and sediment <br />accumulation and that maintenance was not completed in a timely <br />fashion. The ditch was constructed as specified in the permit. <br />The proposed civil penalty for NOV CV-97-004 was: <br />History $ 100.00 <br />Seriousness (Significant) $1000.00 <br />Fault (Negligence) $ 500.00 <br />Good Faith $ 0.00 <br />Number of Days Penalty Assessed 1 <br />At this Assessment Conference, Mr. Michael Altavilla discussed the <br />ditch, breach and the adverse soil and weather conditions which can <br />make getting maintenance equipment to the site difficult. <br />After considering testimony from the Division and the Operator, I <br />have come to the following conclusions; <br />History <br />A civil penalty of $100.00 for 2 NOV's in the past 12 months is <br />appropriate. <br />Seriousness <br />Erosion and sediment impacts to land within the permit boundary <br />were minimal. I believe that the level of seriousness is moderate, <br />not significant, and reduced the civil penalty to $750.00. <br />