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following conclusions: <br />HISCOCY <br />I concur with the penalty. <br />Seriousness <br />I concur that the violation is very low in seriousness. Distance to nearest house, routine use of a <br />seismograph, complete blasting records, no evidence of blast related damage, and the fact that the <br />maximum charge was only exceeded one time all factor into this low level of seriousness. <br />Fault <br />There is no evidence that the operator willfully used the incorrect distance factor. In light of the <br />fact that all other provisions of the regulations have been followed regarding blasting, I suggest <br />that fault should also be placed at the very low end of negligence for this violation of the <br />performance standazd. <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 Aereement Penalty <br />History $150.00 <br />- Seriousness $250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty for NOV CV-97-017 $650.00 <br />