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57 <br />i <br />I <br />•. <br />• • <br />1 of the civil penalty is in two forms. Fie did -- we <br />2 felt that one area of impact was a little bit more <br />3 severe than the other. You will notice the nature of <br />4 violation for both of these is the same statute in <br />5 the law. The duration is -- same amount of duration. <br />6 The seriousness on the access road impacts we slated <br />7 as moderate whereas rocks into the drainage leading <br />8 into the canyon, we slate as insignificant on the <br />9 scale of insignificant to moderate to severe. Okay. <br />l0 What I would like to address first is <br />11 the presentation form that under "Nature" reads <br />12 off-site impacts, violations of Section 34-32-116, <br />13 the Phase 1 area. And the calculation sheet that <br />14 would go with that is civil penalty work sheet, <br />15 wherein significant is circled -- negligent is <br />16 circled and then $100 a day is circled. Therefore <br />17 our .recommendation •would,:b.e.•;t.o. fSnd..the. op.erator..,in <br />18 violation of 34-32-116. We recommend that a cease <br />19 and desist not be issued so the operator may proceed <br />20 with reclamation of that slope. The corrective <br />21 action would be to replace the damaged and destroyed <br />22 trees, reseed the damaged areas on the slope to <br />23 maintain soil stability. 21 days times 3100 per day <br />24 penalty is calculated out to $2100 for that area. <br />25 The second presentation f~~rm reads <br />MIDYETT REPORTING SERVICE <br />{303) 424-2217 <br />