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Mr. Paul Sensibaugh - 2 - 16 March 2009 If the Discharger chooses to sign the waiver and pay the assessed civil liability, this will be considered a tentative settlement of the violations in the Complaint. This settlement will be considered final pending a 30-day period, starting from the date of this Complaint, during which time interested parties may comment on this proposed settlement by submitting information to this office, attention Barry Hilton. Should the Central Valley Water Board receive new information or comments during this comment period, the Central Valley Water Board's Executive Officer may withdraw the complaint, return payment, and issue a new complaint. If the Central Valley Water Board does not hold a hearing on the matter, and if the terms of the final settlement are not significantly different from those proposed in the enclosed Complaint, then there will not be additional opportunities for public comment on the proposed settlement. As described in CWC section 13385(1)(1), a maximum of$22,500 of this liability may be applied to a Supplemental Environmental Proposal (SEP). Any proposal for a SEP must include information showing how it meets the criteria of the State Water Board's February 2009 Policy on Supplemental Environmental Projects, and must include a project description, timeline, deliverables, and budget. In accordance with the Policy, the Central Valley Water Board may require the payment of staff oversight costs in addition to the base penalty, or may require the Discharger to hire a third-party auditor to oversee expenditure of SEP funds. In the event that a SEP is approved, Central Valley Water Board staff will develop an ACL Order memorializing the settlement. This Order will then be subject to a new 30-day comment period, during which time interested parties may comment on the action. If the Central Valley Water Board does not receive a signed waiver within 30 days of the date of this Complaint (by 15 April 2009), then a hearing will be scheduled for the 11/12 June 2009 Central Valley Water Board meeting in Rancho Cordova. The Central Valley Water Board's Prosecution Team has proposed the enclosed draft Hearing Procedures to govern the conduct of such a hearing. Any objections to these draft Hearing Procedures must be received by Lori Okun, whose contact information is listed in the enclosed draft Hearing Procedures, by 5 p.m. on 30 March 2009. Any comments or evidence concerning the enclosed Complaint must be submitted in accordance with the deadlines contained in the enclosed draft Hearing Procedures, unless these deadlines are changed by the Central Valley Water Board's Adjudicatory Team, either on their own accord or upon request. In order to conserve resources, this letter transmits paper copies of the documents to the Discharger only. Interested persons may download the documents from the Regional Water Board's Internet website at http://www.waterboards.ca.gov/centralvalley/tentative_orders/. Copies of these documents can also be obtained by contacting or visiting the Regional Water Board's office weekdays between 8:00 AM and 5:00 PM.