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<br /> <br />History <br />The History component was not disputed. <br />Seriousness <br />I concur with the proposed assessment of $100.00, reflecting an <br />administrative violation which did not hamper the Division's <br />ability to enforce to a significant extent. Apparently, some <br />questions did arise during the first day of the inspection, which <br />could have been more quickly resolved had the permit boundary map <br />been immediately available. A copy of the map was made available <br />to the Division at the ACZ office in Steamboat the following day. <br />Fault <br />I concur with the proposed assessment of $250.00 for Fault. Minor <br />negligence was exhibited by the operator in failing to keep the <br />files fully up to date. Certain items had apparently been <br />misfiled, and other recently approved or submitted materials had <br />not yet been transferred from the ACZ office to the Kerr Mine <br />Office. <br />Good Faith <br />The NOV was promptly abated within the prescribed time frame, but <br />the nature of the violation is such that extraordinary measures to <br />abate are not applicable, and I therefore do not recommend a <br />reduction for good faith. <br />Settlement Agreement Penalty Proposal.....$400.00 <br />