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After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />Histo <br />No penalty is appropriate for history. <br />Seriousness <br />I concur that the violation is serious in nature, however, I believe that $1,000.00 is an appropriate <br />daily penalty for this NOV. The operator published, notified the owner of the buildings, and <br />prepared blasting reports. The operator failed in attention to detail. There is no question that the <br />actual residents must be notified as required by law and that all portions of the blasting report <br />must be completed accurately. There was no physical evidence of flyrock or damage to <br />structures identified by Division personnel investigating the blast. <br />Fault <br />I concur that $250.00 is an appropriate daily penalty for this NOV. <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 not appropriate. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $1,000.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-97-013 $1,250.00 <br />