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NOV-93-124 <br />New Elk Mine <br />This NOV was issued for failure to maintain culverts and to install <br />culverts as designed. <br />HISTORY <br />Nineteen NOV's have been issued at this mine in the past twelve <br />months. $950 is assessed for history. <br />SERIOUSNESS <br />There was no documented environmental damage due to this NOV. The <br />two culverts which had not been maintained route water to sediment <br />ponds. Inadequate capacity in these culverts creates potential for <br />unnecessary disturbance within the permit area. None had <br />apparently occurred at the time of the inspection. <br />Installation of an inadequately sized culvert routing undisturbed <br />area runoff creates a potential for unnecessary disturbance to the <br />hydrologic balance. No damage was documented at the time of the <br />inspection. <br />$250 is assessed for low seriousness. <br />FAULT <br />The operator was negligent in not maintaining culverts to design <br />specifications. Installation of an undersized culvert indicates <br />negligence on the operator's part, assuming the design requirements <br />were not intentionally ignored. There is no evidence that this was <br />an intentional act by the operator. <br />$250 is assessed for negligence. <br />GOOD FAITH <br />There is no evidence of rapid or extraordinary compliance. <br />c:\wp51\101493d <br />