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<br />JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />NOV C-90-047 <br />NOV C-90-047 was written for "failure to maintain haul road culverts to have <br />adequate drainage". Ms. McCannon explained that four culverts were blocked <br />and the inlet drainage to a fifth culvert was inadequate. She showed slides <br />of these citations. <br />Cyprus Orchard Valley did not contest the violation. They rented a truck from <br />Savage Brothers to flush out the culverts the day of the inspection. At the <br />end of the inspection two of the four culverts were clear and the other two <br />were clear the next day. The inlet into the fifth culvert was modified to <br />allow for a positive flow. <br />The proposed civil penalty was: <br />History X50.00 <br />Seriousness 250.00 <br />Fault 250.00 <br />Good Faith 0.00 <br />70TAL E330-0ZT <br />History <br />One NOY (C-90-00£3) was issued during the past twelve months. <br />Seriousness <br />I agree with the proposed penalty. There was no off site damage, duration was <br />short and extent was small. <br />Faul t <br />I agree with the proposed penalty. <br />Good Faith <br />Cyprus Orchard Valley requested a good faith reduction. The NOV was partially <br />abated the day the NOV was issued and canpletely abated the next day. A truck <br />was rented and several people were pulled from the production crew to clear <br />the culverts. Mr. Mills operated the backhoe to get the culvert inlet <br />cleared. I believe a E250.00 good reduction is appropriate. The NOV was <br />abated in the shortest time possible. The truck rental and increased <br />manpower, reassigned from other jobs, represents extraordinary effort. <br />Final Civil Penalty <br />History E50.00 <br />Seriousness 250.00 <br />Faul t 250.00 <br />Good Faith (250.00) <br />TOTAL <br />/ ern <br />3430E <br />