Laserfiche WebLink
._„ <br />erosion has not been controlled or prevented and some damage to <br />native vegetation appears to have occurred. Because the road was <br />constructed in essentially its present condition in the early <br />1950 ~ S, It i.~ ".°.asorable tC belicVe that the gill l lag rioyal Aped t0 <br />some extent prior to the enactment of reclamation laws, but the <br />potential for further erosion appears to exist. I believe the <br />existence of two gullies of the size and nature described <br />constitutes a moderate level of seriousness and recommend a <br />reduction in the amount of the penalty to $500.00. <br />Fault <br />Existence of the gullies indicates some negligence on the part of <br />the operator, in failing to recognize a need to implement measures <br />to control erosion at the ditch outlet locations. Some uncertainty <br />regarding maintenance and stabilization responsibilities may have <br />existed due to the pre-law road construction and various associated <br />regulation exemptions. I recommend a reduction to $500.00 for <br />fault. <br />Good Faith <br />The NOV has not yet been fully abated, and thus good faith cannot <br />be considered. <br />Settlement Agreement Penalty Proposal........$1000.00 <br />