Laserfiche WebLink
After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $650.00 penalty is appropriate for history. <br />Seriousness <br />I feel that a 250.00 penalty is appropriate. There is no evidence that damage occurred as a <br />result of these blasts. The total amount of powder used per hole and per blast was less than <br />aVlowed in the permit. The use of a seismograph was listed on the blast report together with the <br />date of calibration, indicating that the operator did not intend to mislead the Division with <br />potentially inaccurate seismic data. <br />Fault <br />For this NOV, I feel that a penalty of $250.00 is appropriate. The company should have paid <br />very close attention to the entire wording in the blasting portion of the permit to avoid this NOV. <br />However, in this instance and based upon the testimony of Eric, I am inclined to give the <br />company the benefit of the doubt in that the intent was to give a typical blast. It is unreasonable <br />to assume that ali blasts on a mine site would be constructed in the same fashion. <br />Number of Days Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur that good faith is not warranted. <br />Settlement Agreement Penalty <br />History $650.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty $1,150.00 <br />