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<br />Memo to File C-81-019 <br />D <br />E <br />- 4 - <br />July 7, 1993 <br />While rainfall events larger than those designed for certain hydrologic <br />structures to convey can cause damage to these structures, it is not <br />apparent that this measure of rainfall is well documented as to its <br />authenticity. As such, it is apparent that the operator failed to <br />maintain the South Collection Ditch and the Excess Spoil Pile Ditch, <br />which resulted in several ditch breeches that subsequently deposited the <br />sediment out.into Goodsprings Creek, and its associated alluvial valley <br />floor. <br />Should the operator present in assessment conference incontrovertible <br />information that the ditches were maintained to minimum approved <br />specifications on May 15, 1993 and that the rainfall event on May 16, <br />1993 that apparently contributed to the offsite impacts was in fact above <br />a 10-year, 24-hour event, then the fault component should be reconsidered <br />during the assessment conference to "unavoidable". At this time however, <br />with the information provided, it is apparent that reasonable care was <br />not exercised by the operator in the design, construction, and <br />maintenance of the South Collection Ditch and in maintenance of the <br />Excess Spoil Pile Ditch. As such, fault is determined as negligence, and <br />a proposed penalty set at $750.00. <br />Number of Days Penalty Assessed (Rule 5.04.6) <br />50.00 <br />No separate civil penalty for each day that this violation occurred is <br />proposed at his time. <br />Good Faith in Achieving Compliance (Rule 5.04.5(30<d) <br />$0.00 <br />Reductions in proposed total amounts of civil penalties are granted when <br />all of the following occur: 1) the person issued the NOV took <br />extraordinary measures to abate the violation, 2) abatement was achieved <br />in the shortest time possible, and 3) abatement was achieved before the <br />expiration of the time fixed for abatement in the notice, order, or any <br />modification thereof. <br />As it is not apparent that all the impacted off-site areas have been <br />repaired, a reduction in the proposed total civil penalty is not granted <br />at this time. <br />The total amount of proposed civil penalty is therefore established as follows: <br />History $50.00 <br />Seriousness $1,500 .00 <br />Fault $750 .00 <br />Additional Per-Day Penalty $0 .00 <br />Good Faith Reduction $0 .00 <br />Total <br />$2,300.00 <br /> <br />8027E/scm <br />