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<br />Seriousness <br /> <br />I concur with the level of seriouness and the amount of civil <br />penalty regarding failure to minimize impact to the hydrologic <br />balance and failure to finish construction of the down drains <br />associated with the haul road. <br />Fault <br />I concur that the violation involved a high level of negligence and <br />that the $750.00 civil penalty is appropriate. The operator did <br />not take appropriate actions to protect surface waters during <br />construction and road maintenance and did not follow the permit <br />requirements when constructing the down drains. <br />Good Faith <br />No good faith is warranted. <br />Settlement Agreement Penalty <br />History $ 100.00 <br />Seriousness (Moderate) $1000.00 <br />Fault (Negligence) $ 750.00 <br />Good Faith $ 0.00 <br />Number of Days Penalty Assessed 1 <br />Total Penalty for NOV CV-97-004 $ 1850.00 <br />James B. McArdle <br />i ~~~~~ <br />Conference Officer <br />