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History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I believe that a violation did occur and under the seriousness category the level of <br />low/moderate was appropriate. Although construction of this section of ditch was not <br />fully approved, at least 700 feet had been approved via technical revision 65 (TR-65) and <br />approval of the remaining 1300 feet was under review. Actual impacts as the result of <br />the unapproved construction were minimal. Therefore assessment of $750.00 is deemed <br />to be higher than appropriate and is being reduced to $500.00. <br />Fault <br />There is no disputing that the operator constructed the whole of the ditch prior to <br />obtaining final approval from the Division. In addition, the portion of ditch that was <br />approved in TR-65 was constructed in the wrong location and in conjunction with the <br />proposed but yet to be approved extension under review in technical revision 71 (TR-71). <br />Construction of the ditch prior to approval was avoidable and therefore, the fault <br />component shall stand as assessed at $500.00. <br />Number of Days of Penalty Assessed <br />I concur with 1 day. <br />Good Faith <br />The NOV has been fully abated as required, however, no extraordinary measures were <br />undertaken to expedite approval of TR-71 and insure proper installation of the ditch, <br />therefore, no credit for good faith will be granted. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness (moderate) $500.00 <br />Fault (unavoidable) $500.00 <br />Number of Days 1 <br />Good Faith $0.00 <br />Total Penalty $1,000.00