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<br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />HiSiOfV <br />A $100.00 penalty is appropriate for history. <br />Seriousness <br />Suitable aspen have been located in the near vicinity to use in the transplanting program. <br />Experts in aspen establishment have entered into contract with the company. It appears that a <br />realistic performance schedule has been submitted to the Division and adequate resources have <br />been pledged by the operator to achieve the desired results. I believe that the level of <br />seriousness is low and a penalty of $250.00 is appropriate. <br />Fault <br />I concur with the Assessment Officer that $750.00 is appropriate. The operator failed to give the <br />plan and schedule adequate attention, given the number of parties involved and the concern for <br />the reestablishment of aspen. A penalty of $750 is appropriate. <br />Number of Davs Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur that good faith is not warranted. <br />Settlement Agreement Penalty <br />History $100.00 <br />Seriousness (Low) $250.00 <br />Fault (Negligence) $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty $1,100.00 <br />