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SETTLEMENT AGREEMENT JUSTIPICATION <br />NOV C-93-019 <br />Notice of Violation C-93-019 was issued for "Failure to protect <br />two topsoil stockpiles from being grazed.^ <br />Mr. Dudash observed horses grazing on one stockpile and he felt <br />that the stockpile north of the road was in danger of being <br />grazed. <br />Mr. Thompson said that the grazing lease for the area north of <br />the road was cancelled in January, 1993. Therefore, there is no <br />potential for grazing on that stockpile. On the other pile the <br />horses were removed the day of the inspection which resolved the <br />problem. An electric fence was subsequently installed. <br />The operator did not contest the proposed civil penalty, but he <br />did request a good faith reduction. In this instance, I believe <br />good faith is appropriate. The horses were removed the day of <br />the inspection which resolved the problem. I propose a $100.00 <br />reduction for good faith. <br />Settlement Agreement Penalty Proposed $450.00 <br />