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<br />• The Division's NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY <br />states with respect to "FAULT" that Colowyo's actions <br />were "intentional". While Colowyo recognizes this issue <br />as an unfortunate oversight, for the Division to find the <br />incident as intentional is to ignore the facts as noted <br />above. We suggest that given that Colowyo did indeed <br />recognize the oversight and promptly mobilized to correct <br />the situation, "fault" should more correctly be assessed <br />at the low level of negligence ($250.00). <br />• Finally, regarding "Good Faith", Colowyo believes that <br />since ditch construction had been initiated prior to the <br />Division's involvement, and ditch completion was <br />accomplished with extraordinary diligence Colowyo should <br />be afforded the maximum credit allowable. <br />Please contact me further should you have any questions <br />regarding this information. <br />Sincerely, <br />~~ `~' ~ <br />J mes A. Kiger <br />r. Environmental Specialist <br />btb <br />xc: R. G. Atkinson <br />Central Files <br />