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Seriousness <br />I believe that although a violation did occur, the seriousness was moderate, not significant. The Division <br />was holding a valid bond in the amount of $2,114,649. The operator was in constant contact with the <br />Division and was actively working on obtaining the additional $923,410. This was an administrative <br />violation, no resources were damaged in the process. <br />Fault <br />I believe that a moderate level of negligence is appropriate. The issue of increased bonding requirements <br />began in March, 2005. The operator was unable to meet the 3`tl deadline, however, the operator was <br />continuing to work on reclamation activities, continued to communicate with the Division, and the bond <br />was increased shortly after the last deadline. <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 $0.00 <br />Seriousness (moderate) $750.00 <br />Fault (moderate negligence) $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty $1250.00 <br />