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<br /> <br />4 <br />1 the fact that there was no notice of violation issued; there are <br />2 two different components. One regards, I think we all agreed the <br />3 rock falls down hill. It's been stipulated--or not stipulated-- <br />4 but I think there is a significant amount of evidence to indicate <br />5 that as these rocks came down the hill, there was some damage to <br />6 some degree; some bushes, some trees were knocked down. <br />7 There was some degree of disturbance to soils, and <br />8 those occurred, and then when the rocks reached the bottom, they <br />9 are now in the state to where I heard no evidence to indicate <br />10 that they are causing any on going hydrological or any kind of <br />11 damage whatsoever. <br />12 The issue in my mind is as it is in all of ours, with <br />13 that in mind, is that a violation? And is that a continuing <br />14 violation? If it is, I think that's a really close call but, in <br />15 my mind in this particular issue, I don't think that there was a <br />16 violation on that. <br />17 I think it's very close, and I think that in the event <br />18 that more rocks or materials were to continue to fall, that given <br />19 a future reseeding, I might find a violation even involving those <br />_ 20 types of facts. <br />21 I think we need to recognize that that the depography <br />22 that that disturbance causes in that area is such that, just like <br />23 the 1930 slippage that xas related to, from time to time, rocks <br />24 are going to fall off of steep slopes and off of cliffs and ofP <br />' 25 of areas and fall down hills and roll down hills and are going to <br />