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The proposed civil penalty was: <br />History $100.00 <br />Seriousness $1250.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $2100.00 <br />History <br />Colowyo has received two NOV' during the past twelve months. <br />Seriousness <br />The proposed penalty was assessed based on noncompliance water being discharged. I did <br />uphold the pond portions of the NOV, but without a definitive sample result indicating the <br />settleable solids level, I do not have evidence to support a "significant" penalty. However, I <br />am not convinced the level was below the standard at 0.5 mg/l, therefore I asses a moderate <br />level for damage to the hydrologic balance. <br />The breach in the ditch occurred in a spot where the arcs below was heavily vegetated. There <br />was a Low level of damage resulting from the breached ditch. <br />$500.00 is proposed for seriousness. <br />Fault <br />I agree with the proposed penalty. <br />Good Faith <br />The operator cleared the ditch and repaired the breach the day after the NOV was issued. <br />although it was a rapid compliance, I saw no evidence of extraordinary effort. I am not <br />recommending a good faith reduction. <br />Settlement Agreement Penalty <br />History $100.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $1350.00 <br />