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After hearing the testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I believe that a violation did occur and under the seriousness category the level of <br />low /moderate was appropriate. Although no offsite environmental damage occurred due <br />to the inconsistency between ditch as- builts and actual channel properties, the ditches are <br />not in compliance with approved designs. I concur with the $250 penalty assessment. <br />Fault <br />The inconsistency between approved channel properties and existing conditions <br />represents a low degree of negligence. I concur with the $250 penalty assessment. <br />Number of Days of Penalty Assessed <br />I concur with one day. <br />Gnnd Faith <br />The NOV has not been abated at this time; therefore, no credit for good faith will be <br />granted. <br />Settlement Agreement Penalty <br />History <br />$0.00 <br />Seriousness <br />$250.00 <br />Fault <br />$250.00 <br />Number of Days of Penalty Assessed <br />1 Day <br />Good Faith <br />$0 <br />Total Penalty $500.00 <br />