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ti SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-038 Notice of Violation C-93-038 was issued for "Failure to construct or install various culverts and ditches on approved permit maps." Mr. Dan Mathews, representing the Division stated that there were numerous culverts and ditches depicted on maps that were not in the field. The most serious concern regarding this NOV was the temporary filling in of a drainage ditch in lieu of a temporary culvert placement, as required in the permit. There was a large volume of truck traffic contaminating the ditch. Although, the water flowed in to a pond, the impacts would have been minimized if the culvert had been in place. There was also concern about water from the disturbed area going into the fresh water ditch near C-29. Many of the missing culverts appear to be errors in the paper trail. An updated map is needed to indicate what is actually approved and on the ground. The operator did not contes Thompson did want to discuss fault, The proposed civil History Seriousness Fault Good Faith t the facts of the violation. Mr. the proposed civil penalty for penalty was: $50.00 $1000.00 $1000.00 $0.00 Total $2050.00 The operator felt that an assessment for intentional conduct waswrong. They did not knowingly and willfully block the ditches. There was a new foreman on site that didn't realize the temporary culvert was required when crossing the specified ditch. Dan Hernandez, a Division representative, felt that not doing something you are supposed to do is as intentional as doing something you are not supposed to. In other words, the operator intentionally decided not to install the Culverts. I don't have any firm evidence to support this argument. However, somebody on site should be aware of the performance standards as well as the permit. Somebody should have known that filling in a ditch is a violation. When there is a new foreman on site it is imperative that they be made aware of the permitting requirements adn the performance standards. I do not feel the opertor acted intentional, but I do believe they has been a high degree of negligence on behalf of the operator for failing to educate themselves and employees on the permitting requirements. i propose to reduce this component to $750.00. Settlement Agreement Penalty Proposed $1800.00