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<br />undisturbed areas and in a discharge of untreated disturbed azea runoff to Trout Creek, a neazby <br />stream. <br />Individually, I believe these problems range from the upper end of the "moderate" assessment <br />category (Tipple Pond No. 2 overflow) to the lower end of the "significant" category (Moffat <br />Area), based on the size of the disturbances. Cumulatively, however, the erosional disturbances, <br />the impacts to previously undisturbed aeeas, plus the discharge of untreated runoff into Trout <br />Creek, combine into a level of Seriousness that I believe ranks at the upper end of "significant". <br />Fault (Rule 5.04.5(3)(c)) <br />$500.00 <br />It does not appeaz that this violation resulted from recklessness, knowing, or intentional conduct <br />on the part of the permittee. It does appeaz that some of the problems could have been avoided <br />with some reasonable caze (apparently the west side of the North Ditch, leading to the Moffat <br />Pond, is lower than the pond's emergency spillway). It further appeazs that the permittee was <br />attempting to address, or had scheduled to address, some of the problems, but was prevented <br />from doing so by continued inclement weather (Print photos indicate it was raining at the time of <br />the inspection). The Division therefore assigns a low level of fault. <br />Good Faith Credit for Achieving Compliance (Rule 5.04.5(3)(d)) $0.00 <br />Good faith credit maybe granted if the permittee: <br />(1) took extraordinary measures to abate the violation; and <br />(2) the abatement was achieved in the shortest time possible; and <br />(3) the abatement was achieved in the shortest time possible and before the expiration of the <br />time fixed for abatement. <br />As the NOV has yet to be abated, good faith credit cannot be granted at this time. <br />Total Proposed Civil Penalty <br />$1,750.00 <br />mbss~jsc~aov97007.dih <br />