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enough that it could be removed without damaging the topsoil <br />resource. Some fines still remain on the surface and need to be <br />removed. <br />Based on the information presented in the conference, I believe a <br />reduction in the seriousness component is warranted. There was <br />very little damage from the coal fines in the field, the coal <br />that had spilled from the surge pile did not contaminate the <br />topsoil and the potential for damage from the plastic is minimal. <br />I propose to reduce this to $250.00. <br />Fault <br />The reasoning for the proposed penalty was that the operator was <br />negligent on not confining disturbance to the permitted area and <br />repairing damage after its occurrence. The only damage clearly <br />outside the permitted area was the plastic, and I don't consider <br />that damage. The operator showed a lack of reasonable care in <br />not picking up the coal and plastic. I propose to reduce this <br />component to $250.00 which represents minimal negligence. <br />Good Faith <br />A good faith reduction is not because there was not rapid <br />compliance. An extension was issued for the abatement date. <br />Settlement Agreement Penalty Proposed $550.00 <br />