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$750.00 is appropriate. <br />Fault <br />I believe that $500.00 is more appropriate for negligence, given that the road construction was <br />done under emergency conditions with snow on the ground and that the mine operator was in <br />constant contact with the Division. The mine operator should have taken erosion control into <br />consideration to the extent possible given the circumstances. Also, some attempt at topsoil <br />salvage should have been made on the flatter areas of the road footprint which was as much as <br />50 percent of the road footprint. <br />Number of Davs Penaliv 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 $0.00 <br />Seriousness $750.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $1250.00 <br />Total Penalty for NOV CV-2001-007 $1250.00 <br />