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<br />RATIONALE FOR NOV C-85-030 <br />Nature of Violation <br />Failure to conduct surface water monitoring as specified by Permit C-003-80. <br />Specifically, upstream and downstream monitoring on Dry Creek had not been <br />conducted as requried to verify projections made in the Division's Alluvial <br />Valley Floor findings. Additionally, surface water samples had not•been <br />conducted on Hayden Gulch in 1984, and only partial data was provided for 1982 <br />and 1983. <br />History <br />One violation in past year <br />$ 50.00 <br />Seriousness - Maximum Penalty of $1,750.00 <br />Rule 5.04.5(2)(b)(ii) states that, in the case of an administrative violation, <br />the amount assessed for seriousness (up to $1,750.00) shall be based upon the <br />"extent to which enforcement was obstructed". <br />Enforcement was not obstructed to a significant extent. The monitoring was <br />required for the purpose of verifying or calibrating predicted impacts. At <br />both the mine and the load-out, disturbed drainage had been routed through a <br />sediment pond and discharge has been sampled as required. With implementation <br />of the monitoring plan. Valid information can still be obtained. <br />Seriousness Total $250.00 <br />Fault - Maximum Penalty of $1,500.00 <br />The violation is a result of operator negligence. Monitoring requirements <br />were imposed by the permit. The operator is responsible for being aware of <br />and implementing permit requirements. Other aspects of the operators <br />monitoring plan have been fully implemented, The failure to monitor surface <br />water on Dry Creek and Hayden Gulch is carelessness, reflecting a moderate <br />level of negligence. <br />Fault Total $500.00 <br />Surmnary <br />History $ 50.00 <br />Seriousness 250.00 <br />Fault 500.00 <br />Total $800.00 <br />/ph <br />Doc. No. 9954 <br />