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z .t C. Fault It is very apparent from the context and tone of this entire section, that vital, necessary information was withheld, and as such, this entire section is unjustified and erroneous. Please refer to Colowyo's Request for Vacation letters dated June 2 and June 15, 1993 as well as DMG Modifications of NOV C-93-077 dated August 2 and August 4, 1993. Colowyo respectfully requests that fault be assessed as unavoidable. E. Good Faith in Achieving Compliance Colowyo respectfully requests that reductions in the proposed total amounts of civil penalties be granted, and that all three of the required criteria to allow this reduction, have been met. 1. Extraordinary measures taken to abate the violation. a. Colowyo immediately called and informed DMG on May 17, 1993, of the storm incident. b. Colowyo immediately met with the State Highway Department and private landowner, Mrs. Duram, arranging for and following to completion, all repairs necessary. All work performed met the approvals of those two entities and exceeded their expectations. c. Colowyo personnel worked long hours and spared no expense in responding to this incident. 2. Abatement achieved in shortest time possible. a. The month of April was one of the wettest months on record for this area, having received 4 inches of precipitation. The month of May was also extremely wet up to the documented storm of 1.5 inches in 25 minutes, with rains continuing in the days following the storm event. Despite these extremely muddy, saturated soils, and difficult to impossible working conditions, Colowyo's dozer operator was successful in negotiating often times dangerous working conditions and effecting 100$ complete repair of the South Collection Ditch within 3 days of the May 16 rainstorm incident. Colowyo also believes this reason qualifies under item No. 1 above, Extraordinary Measures. 3. All abatement was achieved well in advance of any dates set.