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Seriousness <br />I concur that the seriousness is severe and that $1,500.00 is an appropriate daily penalty for this <br />NOV. A significant part of the mining plan clearly was not followed in an area that is potentially <br />unstable. Even though the single bench configuration maybe stable, the operator did obstruct the <br />Divisions ability to ensure that regulatory performance standazds would be met. <br />Fault <br />I concur that the intentional category is correct and that, at a minimum, $1,250.00 is an <br />appropriate daily penalty for this NOV. No change in the assessment is proposed for this NOV. <br />Number of Davs Penalty Assessed <br />I concur with 1 day of penalty. <br />Good Faith. <br />I concur that a good faith credit is not appropriate. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $1,500.00 <br />Fault - $1,250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-97-014 $2,750.00 <br />