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<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 />