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Proposed Civil Penalty for Notice o io a ion C-91-002 History: No violations were issued to the mine during the preceding twelve month period. There is no assessment for history, Seriousness: The violation was issued for failure to perform hydrologic monitoring in 1990 in accordance with the approved hydrologic monitoring plan. Ground and surface water monitoring are normally required in order for the operator to plan any necessary modification of operations at the mine site so as to be able to minimize disturbance of the hydrologic balance and prevent material danage to the hydrologic balance outside of the permit area. Failure to conduct the monitoring required at this site has not, so far as the division is aware, lead to any excessive disturbance of the hydrologic balance or to material damage. This violation however, creates the potential for such to occur if the lack of monitoring prevents appropriate, timely preventative or remedial measures from being taken. Based on the fact that only reclamation activities are being conducted at the site, this potential is considered low. Assessment for seriousness is set at $500.00. Foul t: Representatives of the Rockcastl a Co., operator of the mine, have, in discussions since issuance of NOV C-91-002, indicated a belief that, while reclamation of the property is occurring under a Settlement Agreement with the Division that the operator is not required to comply with permit conditions. Section I2. of the Agreement, however, indicates reclamation activities dt the mine will be conducted pursuant to the Act and the terms of the permit. The failure to conduct any hydrologic monitoring during 1990, therefore, is considered knaving and intentional conduct since awareness apparently existed of specific permit conditions. Assessment for fault is set at $1,000.00. Goad Faith: This violation has not been abated, in fact cannot be, therefore no allowance for good faith is made. /ern 5848E