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with the contractor's alleged breach of contract through immediate suspension of the <br />contractor from the mine site, and termination of contracts for both waste hauling as well <br />as other contracts they held at the Foidel Creek Mine. Further, TCC compelled the <br />contractor to provide the labor, materials and equipment necessary to correct and abate <br />the NOV at the contractor's own expense. Based on this information, the Fault <br />negligence penalty of $750.00 is reduced to $500.00 <br />Number of Days of Penalty Assessed <br />I concur with 1 day. <br />Good Faith <br />A good faith reduction can be considered if extraordinary measures are taken to abate the <br />violation in the shortest time possible. TCC submitted an aggressive and adequate <br />abatement plan and documented progress towards completing the plan. The abatement <br />work was completed to all expectations on time. Given the complexities of the work and <br />the specialty equipment required, Mr. Musick believed that TCC worked diligently and <br />completed the abatement work properly and in the shortest time possible. For <br />extraordinary effort and rapid compliance, a Good Faith reduction of $750.00 is proposed <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness (moderate) $1250.00 <br />Fault (moderate negligence) $ 500.00 <br />Number of Days 1 <br />Good Faith reduction $ (750.00) <br />Total Penalty $1,000.00 <br />3 <br />