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1 <br /> I <br /> CYCC objected to the penalty, because they did not feel the NOV <br /> was intentionally caused. The site conditions have been very <br /> unpredictable this spring. Some days it had been very wet, <br /> obviously making it difficult to get around. Other days were dry <br /> and access was possible. Some days conditions appeared dry, but <br /> once out in the field, it was wetter than it appeared. The <br /> personnel and contractors that caused these NOV's were <br /> experienced at the mine, but they misjudged the conditions. They <br /> did not intentionally cause the NOV's. <br /> Based on the information presented, I see no evidence to indicate <br /> the NOV's were intentional. I am reducing this to $500.00 <br /> representing mid-level negligence. <br /> Good Faith <br /> The NOV was written on a Friday afternoon. On Saturday the <br /> operator brought in a crew of three people to hand rake and seed <br /> the disturbance at Pond B. At Pond T, the operator abated the NOV <br /> by July 13. This was the shortest time possible given the wet <br /> conditions in the area. If the NOV were abated sooner greater <br /> harm could have been done. <br /> I believe the NOV was abated in the shortest time possible. An <br /> extraordinary effort was undertaken at Pond B to abate the NOV <br /> the next day. I propose a $250.00 reduction for good faith. <br /> Settlement Agreement Penalty Proposed $800.00 <br />