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Colorado M~d Land Reclamation Divis~ <br />March 24, 1983 <br />Page 2 <br />Regardless of the action the CMLRD takes with respect <br />to vacating or terminating the NOV, WECC strongly <br />believes that no monetary penalty is justified in <br />this case. We note that under Section 5.04.5(I) of <br />the CMLRD Regulations, you are not required to issue <br />a monetary penalty in this case. The four criteria <br />set forth in the above regulations for the assessment <br />of civil penalties (History of Previous Violations, <br />Seriousness of NOV, Fault and Good Faith in Achieving <br />Compliance) in this case indicate that a monetary <br />penalty should not be assessed. <br />There have been no previous NOV's issued to WECC. <br />Second, there was little, if any, environmental damage <br />caused by the clogged culvert. The small amount of <br />sediment runoff in question did not leave our permit <br />area. Third, the clogged culvert resulted from snow- <br />fall and resulting snow melt. Finally WECC responded <br />to and corrected the problem as soon as it was noticed. <br />WECC would hope that the CMLRD would consider the above <br />facts in assessing any penalties. <br />If you need any more information on this matter, please <br />contact R. D. Bowman at 929-5015 or P. B. Seville at <br />575-7949. <br />Respectfully, <br />Curtis W. Foster <br />General Manager <br />CWF/jm <br />