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<br />into Engleville Gulch without being treated. The extent and <br />duration are unclear. However, the duration is longer than this <br />single incidence because of the evidence of past breaches. I <br />agree with the proposed penalty which represents moderate <br />seriousness. <br />Fault <br />I agree with the proposed penalty. The operator was negligent in <br />not maintaining the ditch. <br />Good Faith <br />Mr. Kerr requested a good faith reduction. He said they repaired <br />the breach in the ditch and sump four days after they were aware <br />of the NOV. The NOV was sent on August 12, 1993 and delivered on <br />August 13, 1993. Mr. Erickson inspected the site on August 18. <br />In his inspection report he stated that abatement had started. <br />It was not completed though. I do not believe a good faith <br />reduction is appropriate. <br />Settlement Agreement Penalty $1350.00 <br />