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N 1 <br />Colowyo believes the penalty for seriousness and fault should be reduced significantly or a good <br />faith credit granted. The circtunstances here were extraordinary and largely out of Colowyo's control. <br />While, in retrospect, it would have been better if pit pumping had not occurred, the amount of pumping <br />was substantially less than understood by Ms. Crosby, and pit pumping was clearly allowed under the <br />permit. Colowyo should not now be penalized for what it could not have reasonably anticipated (the <br />leaking headgate}. <br />In particular, Colowyo was assessed a fore of $750 for fault, characterized as a high degree of <br />negligence. Contrary to the conference officer's fording, pit pumping did not continue after the leak was <br />discovered. In fact, as described above, the leak, which was the cause of the water quality exceedance, <br />was unavoidable and no penalty should be assessed for fault. Similarly, the conference officer assessed <br />$1,000 for seriousness because of the length of time the leak occurred. As explained above, pit pumping <br />had stopped weeks before Ms. Crosby's March 19, 1996 inspection. Thus, the conference officer's <br />imposition of this penalty in reliance on her assumption that pit pumping did not cease until April 1, 1996 <br />is clearly erroneous. Yet, as explained above, Colowyo did all it could to prevent the discharge of the <br />water once it discovered the leak - it could not, however, fix the leak until it addressed the water quality. <br />It chose the lesser of two evils, and should not now be unfairly penalized for circumstances beyond its <br />control. <br />The conference officer declined to grant any good faith credit on this NOV penalty. Yet, Colowyo <br />completed its abatement (Minor Revision 38) by return fax - on the very same day it received the NOV. <br />DMG regulations allow up to a $1250 credit for good faith where abatement was achieved in the shortest <br />possible time. Colowyo believes a good faith credit should have been applied here due to its <br />extraordinary efforts in immediately abating the violation. <br />If you have any questions concerning this information, please do not hesitate to contact me. <br />Sincerely, <br />a"`~`-' ~` ~ ~~ <br />J es A. Kiger <br />Sr. Environmental Engineer <br />xc: R.G. Atkinson <br />Ms. Erica Crosby, CDMG <br />Ms. Denise Kennedy, Esq. Holland and Hart <br />K.A. Wolf <br />files <br />