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After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I concur with the Assessment Officer that Seriousness was the between low and moderate with <br />the amount set at $500.00. Severed pipes in sediment ditches and seriously eroded <br />embankments are not acceptable nor part of the mine plan. <br />Fault <br />I concur with the Assessment Officer that Fault was at the high end of negligence and that the <br />amount of penalty be set at $750.00. The erosion and severed pipe were very obvious <br />problems and should have been corrected well before this inspection. <br />Number of Days Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />I concur with the Assessment Officer that good faith is not warranted. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty $1250.00 <br />