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The Proposed Civil Penalty originally determined by the Assessment Officer for CO-2004-003: <br />History $0.00 <br />Seriousness (Low\Moderate) $500.00 <br />Fault (Negligence) $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Failure to Abate $0.00 <br />Total proposed penalty $1,250.00 <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I feel that the level of seriousness is very low due to the size of the disturbance and the previous <br />use of crested wheatgrass and intermediate wheatgrass on adjacent lands. <br />Fault <br />I believe that a low level of negligence is appropriate for a number of reasons. The operator <br />made a mistake and used the prior approved seed mix. I believe that there was no conscious <br />effort to use the wrong seed mix. Also, there was a significant difficulty in dealing with the <br />wishes and needs of two landowners, which added to the confusion. <br />Number of Days PenaltyAssessed <br />I concur with 1 day. <br />Good-Fait#r. - <br />I concur that good faith is not warranted. <br />Settlement Aoreement Penalty <br />History $0.00 <br />Seriousness (Significant) $250.00 <br />Fault (Negligence) $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Penalty $500.00 <br />