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Fault <br />I disagree with the Assessment Officer in the finding of intentional fault. After reviewing the files and <br />hearing Lorencito's reasons for blasting after sunset, I believe that Lorencito was negligent (not intentional) <br />in defining when the hour of sunset would be and conducting blasts from one minute after to up to 35 <br />minutes after official sunset. <br />Good Faith <br />I do not believe that any good faith reduction is warranted in this case. The company did not self-report <br />and has not yet taken pro-active steps to modify the permit to prevent the infraction from happening again. <br />Settlement Agreement Penalty <br />• History $300.00 <br />• Seriousness $750.00 <br />• Fault $750.00 <br />• Good Faith 0.00 <br />Total Penalty for NOV CV-2002-001 $1,800.00 <br />