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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />NOV C-86-041 <br />NOV C-86-041 was written for "failure to construct and maintain drainage <br />control as planned". The location of the NOV was the diversion ditch on the <br />southeast corner of the underground development waste pile. According to the <br />approved plan two ditches were to be installed, one for undisturbed drainage <br />and one for the disturbed area. Only one ditch had been installed and this <br />ditch had breached. At the time of the inspection, there was no water flowing <br />onto the undisturbed area; however, there was evidence of sediment deposition <br />in Tom Schreiner's slides of the area. <br />The operator contested the fact of the NOV claiming that the breach was caused <br />by a contractor and that no environmental damage had occurred. I feel these <br />factors affect the proposed civil penalty, but that a violation did occur. <br />The proposed civil penalty was: <br />History E 0.00 <br />Seriousness 500.00 <br />Fault 500.00 <br />Good Faith -250.00 <br />TOTAL ~750.QII <br />History <br />Seriousness <br />The operator contested the proposed civil penalty. A contractor had been <br />hired to construct the second ditch and incorrectly breached the existing <br />ditch. Before that, all drainage was passing through the sediment pond. The <br />contractor had worked the area three days prior to the inspection. Therefore, <br />the duration of the violation was short.. Very little sediment was observed <br />off-site. <br />I propose to reduce the seriousness factor by E250.00 because the duration of <br />the penalty was short, not moderate as proposed, and the extent was small. <br />Fault <br />The operator requested a reduction in the fault component. All flow was going <br />to the sediment pond until the contractor incorrectly cut the ditch. I feel <br />this represents a low degree of negligence; and therefore, I propose to reduce <br />the penalty to E250.00. <br />