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weeks during which there was a lack of adequate sediment control. <br />I agree with the assessment officer's statement that the <br />elimination of sediment control features at this location creates <br />a high potential for offsite damage. However, I have highlighted <br />potential because there was no actual damage, onsite or offsite, <br />or evidence thereof, resulting from the lack of sediment control. <br />For this reason I am proposing to reduce seriousness to <br />$1,000.00. A period of up to four weeks is a significant period <br />of time to be without sediment control for any part of a newly <br />graded mine site, whether it be 90$ or 25$. <br />Fault <br />The operator strongly objected <br />fault component. Mr. Matthies <br />that caused the elimination of <br />intentionally breaking the law. <br />to the comments supporting the <br />said it was a matter of timing <br />the ditches, they were not <br />I agree with the proposed penalty. Although the operator may not <br />have been intentionally breaking the law, steps should have been <br />taken to provide a back-up set of ditches and adequate sediment <br />control during the earthmoving activities. <br />Good Faith <br />The operator has abated the NOV. It was completed in a timely <br />manner, but there was no evidence of an extraordinary effort. I <br />am not recommending a good faith reduction. <br />Settlement Agreement Penalty <br />History $50.00 <br />Seriousness $1000.00 <br />Fault $1000.00 <br />Good Faith $0.00 <br />Total $2050.00 <br />