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Seriousness <br />Mr. Matthies felt this penalty was too high. The damage was not <br />significant. The water from the runoff went into the same field <br />and caused no damage to undisturbed lands. No repairs to the <br />field, below the ditch, were required. <br />I am proposing to reduce the penalty to $750.00 which represents <br />moderate seriousness. Generally, when runoff goes beyond the <br />perimeter of the sediment control system it is considered <br />significant. In this case however, the area disturbed by the <br />runoff was part of the same field. No repairs to the downstream <br />field were necessary. <br />Fault <br />Mr. Matthies strongly objected to the proposed penalty. The <br />ditch was installed following the regrading of the field and in <br />response to the abatement required for NOV C-94-017. Designs are <br />being reviewed currently by the Division. The Division did not <br />require the designs to be approved before the ditch was installed <br />as abatement for NOV C-94-017. <br />I am proposing to reduce fault to $250.00 which represents a low <br />degree of negligence. The operator had constructed the ditch as <br />directed by the Division and submitted the required designs. The <br />assessment officer was not aware these factors regarding <br />NOV C-94-017. <br />Good Faith <br />Although, the operator promptly repaired the breach in the ditch, <br />the NOV has not been abated because of the TR that is under <br />review. I am not recommending a good faith reduction. <br />Settlement Agreement Penalty <br />History $50.00 <br />Seriousness $750.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $1050.00 <br />