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'~ violation did occur. Civil Penalty Assessment Proposed Penalty Assessment History $ 0.00 Seriousness 250.00 Fault 500.00 Good Faith 0.00 Total $750.00 History The History component was not disputed. Seriousness I concur with the proposed assessment of $250.00, reflecting a low degree of seriousness. Based on the hydrology design parameters and the evaluation performed by Ms. Morrison, it would appear that some potential exists for disturbed flows to bypass the sediment control system due to the culvert partial blockage, in the case of a storm which is less than the design event. This concern is mitigated to some extent by the fact that, apparently no such bypass has occurred, and further, a stabilizing vegetation cover has been established on the reclaimed slopes (although demonstrations for pond removal have not yet been made). Fault I concur with the proposed assessment of $500.00 for Fault, reflecting a moderate degree of negligence. The culvert was clearly not maintained in compliance with the approved design, and the Operator was aware of the problem. The need for maintenance had been specified in the April inspection report by the Division. The failure to clean out the culvert does not represent willful or intentional conduct, because the landowner access difficulties have presented the Operator with a real problem, and the Operator had been attempting to reach an agreement with the landowner. Ultimately, the Operator is responsible for maintaining compliance, however, and cannot be in a position of having to obtain landowner approval whenever it is necessary to perform monitoring, maintenance, or other reclamation activities within the permit area. Good Faith The violation was not fully abated until two days prior to the abatement deadline. This would not appear to constitute abatement in the shortest possible time, and evidence of extraordinary measures was not presented. settlement Agreement Penalty Proposal.....$750.00