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Seriousness <br /> The only portion of the operation that I am considering in the <br /> penalty are the two culverts at the No. 5 Mine Pad. I believe <br /> the missing designs represent a low level of seriousness. <br /> $250.00 is proposed. <br /> Fault <br /> The MCR representatives said sometimes field decisions are made <br /> to install culverts to improve road drainage and divert road <br /> drainage away from the sediment ponds. I feel this may be <br /> appropriate if changes in the approved design are warranted, but <br /> only after a revision has been approved by the Division. <br /> The operator was negligent by installing culverts without <br /> approval. However, I believe it represents a low level of <br /> negligence. $250.00 is proposed. <br /> Good Faith <br /> There is no evidence of good faith. <br /> Settlement Agreement Penalty <br /> History $50.00 <br /> Seriousness $250.00 <br /> Fault $250.00 <br /> Good Faith $0.00 <br /> Total $550.00 <br />