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<br /> <br />NOV C-90-048 -2- February 13, 1991 <br />Seriousness <br />The proposed penalty was assessed based on the assumption that some topsoil <br />was lost. However, Mr. Mills stated that no topsoil was lost. All of it was <br />replaced back on the bench face and topsoil stockpile respectively. These <br />erosional features had occurred as a result of heavy rains in September. <br />Based on the information presented in the conference I propose a reduction to <br />$250.00. No topsoil was lost, extent was small and duration was short. <br />Fa ul t <br />I agree with the proposed penalty. <br />Good Faith <br />Cyprus Orchard Valley requested a good faith reduction. The NOY's were issued <br />October 18, 1990. The bench ditch was repaired. The waste pile was seeded <br />October 26, 1990 and mulched by October 31, 1990. The topsoil stockpile was <br />seeded October 25, 1990 and mulched October 26, 1990. Both areas were <br />handmulched because there were no blowers available in the area. <br />I feel Orchard Valley promptly abated the NOV's, but I do not feel a good <br />faith reduction is warranted. The seeding and mulching were done in a timely <br />manner, but I do not believe the abatement represents an extraordinary effort. <br />Final Civil Penalty <br />History $50.00 <br />Seriousness 250.00 <br />Fault 250.00 <br />Good Faith 0.00 <br />TOTAL 5356.60 <br />/ ern <br />3430E <br />