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After heazing testimony from all parties and considering the evidence presented, I have come to <br />the following conclusions: <br />Everyone present at the conference had their own interpretation of rule 4.03.2(6), which states; <br />"A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon <br />as it is practicable after the damage has occurred." Ivry interpretation of this statement is that a <br />mining company should do an immediate inspection of the facilities after a significant storm <br />event, identification of the damage that resulted from the event and commencement of repairs as <br />soon as ground and weather conditions allow. At times multi-tasking and the use of additional <br />rental equipment or labor might be required to bring the mine site back into compliance with the <br />permit. I do not believe that 8 days after this localized storm event, to commence culvert <br />replacement and repair, was as soon as it was practicable. Work had not commenced until the <br />inspector was on site and only upon request of the inspector. I believe that a violation did occur <br />for not maintaining the culverts, as soon as was practicable, and for this reason cannot <br />recottunend vacating the NOV. <br />History <br />I concur with the penalty. <br />Seriousness <br />I concur that the violation was insignificant. <br />F~11 <br />I concur that there was a very low level of negligence in not correcting the blocked culvert <br />problem sooner. The company felt as though mine related problems were being appropriately <br />prioritized and responded to. Actual on the ground cortective action only involved 2 days of <br />work. No change is suggested for this item. <br />Number of Days Penalty Assessed <br />I concur with the number of days. <br />Good Faith. <br />I concur that a good faith credit is appropriate for rapidly responding and correcting the blocked <br />culvert situation once the inspector directed the Company to do so. <br />Settlement Agreement Penally <br />History $0.00 <br />Seriousness $0.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $250.00 <br />Total Penalty for NOV CV-98-007 $0.00 <br />