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~; v Civil Penalty Assessment Proposed Penalty Assessment History $ 50.00 Seriousness 250.00 Fault 500.00 Good Faith 0.00 Total 800.00 History The History component was not disputed. Seriousness I concur with the proposed assessment of $250.00, reflecting a low degree of seriousness. No actual damage has been documented and the potential appears to be low, given the fact that sediment from eroded areas is contained by sediment ponds. The lack of a drainage ditch associated with the temporary access road may have contributed to excessively muddy road surface conditions, but given the fact that snow cover had only recently melted, with muddy conditions prevalent throughout the site, its significance is difficult to assess. Fault It appears that certain drainage control details with regard to the facilities bench area and the temporary access road were omitted from the permit designs, and until the recent inspection had not been identified as problems. The timing of the inspection which coincided with the initiation of spring melt probably made some of the drainage problems more obvious. There is no evidence that the Operator acted willfully or intentionally. Rather, it appears that certain permitting oversights occurred which had not been subsequently identified and rectified. Also, the Operator apparently intended to repair the double set culvert inlet, but had not been able to do the work prior to the inspection due to frozen ground conditions. Given these considerations, I believe a low degree of negligence is indicated, and recommend that the assessment for Fault be reduced to $250.00. Good Faith Evidence indicating that the Operator undertook extraordinary efforts to abate the NOV as rapidly as possible was not provided, and thus no good faith reduction is recommended. Settlement Agreement Penalty Proposal.....$550.00