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Histo <br />A $50.00 penalty is appropriate for history. <br />Seriousness <br />I concur that a violation occurred for failure to address drainage off of the service road, however, <br />[ believe that the evidence and testimony indicated that the violation was insignificant in nature. <br />One photograph showed very minor erosional fingers entering onto the road surface and leading <br />water from the road into one of the erosional cuts. <br />Fault <br />I concur that $250.00 is appropriate for a low level of negligence in not addressing the road <br />drainage and control of potential offsite impacts of erosion and sedimentation. <br />Number of Days Penalty Assessed <br />I concur with the number of days. <br />Good Faith. <br />I concur that a good faith credit is not appropriate. <br />Settlement Agrreement Penalty <br />History $50.00 <br />Seriousness $0.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-98-005 $300.00 <br />