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.~ <br />After hearing this testimony and considering the evidence presented, 1 have come to the <br />following conclusions: <br />History <br />A $100.00 penalty is appropriate for history. <br />Seriousness <br />After review of the erosion features, I concur with Mr. Karo that the current level of erosion <br />should not be at the high end of moderate. However, if the company fails to address the <br />problem, more serious erosion problems could result. A lower level of seriousness is warranted <br />in this instance; therefore, a penalty of $500.00 is appropriate. <br />Fault <br />I do not believe that the failure to repair the erosion was intentional. A map detailing the erosion <br />was prepared by the company and provided to the Division in July. I feel that the conduct is <br />better described as being negligent in not providing sufficient equipment and manpower to <br />schedule the repairs as required by the permit. Therefore, a penalty of $750.00 is appropriate. <br />Number of Davs Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur that good faith is not warranted. <br />Settlement Aoreement Penalty <br />History $100.00 <br />Seriousness (moderate) $500.00 <br />Fault (Negligence) $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty $1,350.00 <br />