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JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br /> NOV C-87-026 <br /> NOV No. C-87-026 was written for "failure to protect topsoil from erosion." <br /> Ms. Thompson explained that a four acre area topsoiled last fall was not <br /> seeded. A couple of small rills were noted on the area, and a small amount of <br /> topsoil (approximately one cubic yard) was lost. The abatement was to prevent <br /> topsoil from moving offsite by July 31 , 1987. Mr. Jones stated that he <br /> installed several hay bales and a small trap was built to catch the topsoil . <br /> This was completed on July 17, 1987 and Mr. Jones stated the area would be <br /> seeded this fall . <br /> The operator did not contest the fact of the violation, but requested that the <br /> proposed penalty be reduced fo good faith. <br /> The proposed civil penalty was: <br /> History $ 50.00 <br /> Seriousness 250.00 <br /> Fault 250.00 <br /> Good Faith .00 <br /> TOTAL b <br /> History <br /> No change. <br /> Seriousness <br /> No change. <br /> Fault <br /> No change. <br /> Good Faith <br /> The NOV was abated two weeks prior to the abatement deadline. Access to the <br /> site was difficult given the moist conditions. This is the shortest time <br /> possible and represents an extraordinary effort. I propose a $200.00 <br /> reduction for good faith. <br /> Final Civil Penalty <br /> History $ 50.00 , <br /> Seriousness 250.00 <br /> Fault 250.00 <br /> Good Faith -200.00 <br /> Total m <br /> s rs <br /> 2059F <br />