Laserfiche WebLink
<br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />Histo <br />A $50.00 penalty is appropriate for history. <br />Seriousness <br />I concur with the Assessment Officer that a $1,250.00 penalty is appropriate for exceeding the <br />Maximum allowable weight of explosives on October 17, 2000, February 19, 2001 and <br />September 12, 2001. <br />Fault <br />I disagree with the Assessment Officer and believe that the low end of intentional with a penalty <br />of $1,000.00 is more appropriate. NOV CV-2001-009 was issued September 6, 2001 for failure <br />to comply with the maximum weight of explosives to be detonated as determined by the scaled- <br />distance equation and for failure to obtain Division approval for the use of a modified equation to <br />determine maximum weight of explosives per delay on an overburden blast completed on July <br />24, 2001. This NOV was terminated on September 25, 2001 based upon a review of the <br />blasting records from July 3, 2001 through September 11, 2001. On September 12, 2001 <br />Seneca again exceeded the maximum allowable weight of explosives. <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 $50.00 <br />Seriousness $1,250.00 <br />Fault $1,000.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-2001-013 $2,300.00 <br />