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ya 'e <br />After hearing this testimony and considering the evidence presented, 6 have come to the <br />following conclusions: <br />HiStOrV <br />A $50.00 penalty is appropriate for history. <br />Seriousness <br />Not following the mining and reclamation plans as approved to the extent that occurred at the <br />Yoast Mine is considerably more serious than Low\Moderate. In addition to violating the law and <br />the spirit of concurrent reclamation, failure to follow the plan and schedule makes site <br />inspections and enforcement of the law much more difficult. It can also impact the adequacy of <br />the reclamation bond. I feel that a seriousness level of significant with a penalty of $1250.00 is <br />warranted. <br />Fault <br />I believe that the failure to reclaim the 2001-2002 area falls into the negligence category. The <br />company was performing reclamation ahead of time in some areas and falling behind in other <br />areas. A slide at the pond shifted traffic through this area. I feel that the conduct is better <br />described as being indifferent with a lack of reasonable care and a lack of diligence in not paying <br />close attention to the reclamation plan schedule. Therefore, a penalty of $750.00 is appropriate. <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 />Failure to Abate. <br />I concur that a penalty of $750.00 is appropriate for failure to abate. <br />Settlement Aoreement Penalty <br />History $50.00 <br />Seriousness (Significant) $1250.00 <br />Fault (Negligence) $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Failure to Abate $750.00 <br />Total Penalty $2,800.00 <br />