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assessment, leading to the incorrect statement that the ditches were constructed properly. <br />A review of the ditches by a hydrologist confirmed that they were not constructed <br />properly. <br />Colowyo believes the enforcement process is not the only `path to resolution'. Colowyo <br />submitted updated design plans and a schedule for resolution of the identified problems. <br />Colowyo is requesting the Division to vacate the violation to recognize the actions <br />currently underway and planned to resolve the issues identified in the 19 August 2010 <br />inspection. <br />Colowyo has basically acknowledged that they did not construct the ditches in <br />accordance with the approved designs and provided a detailed plan for the abatement of <br />the violation. Colowyo has also started work on the abatement, as discussed in their <br />submittal. The Division believes that the information provided by Colowyo can be <br />considered when a proposed penalty is assessed; however, the Division does not believe <br />there is reason to vacate the violation. The Division recommends that Notice of <br />Violation CV-2010-004 be upheld. <br />Attachments: Notice of Violation CV-2010-004, 19 August 2010 Division Inspection <br />Report, Colowyo Request to Vacate Package <br />cc: Sandy Brown w/out Attachments