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<br />NOV C-91-006 <br />American Shield Co. <br />A. HISTORY <br />One NOV (C-90-030) was issued during the past twelve months to <br />American Shield. $50 is assessed. <br />B. SERIOUSNESS <br />This violation was issued for failure to pass disturbed area <br />surface drainage through a sediment pond. The area in question is <br />a reclaimed sediment pond around which some straw bales had been <br />placed. The bales served as a form of alternate sediment control <br />for part of the reclaimed pond area. However, a significant <br />portion of the reclaimed area had no means of sediment control. <br />Surface runoff from this area would leave the permit area without <br />passing through any sediment control structure. While disruption <br />of the hydrologic balance would probably be insignificant compared <br />to effect of the surrounding Mancos shale, there is a chance for <br />topsoil to be lost because of a storm event. It should also be <br />noted that the permit does not contain the required demonstration <br />for a small area exemption. $250 is proposed for low/moderate <br />seriousness. <br />C. FAULT <br />The operator was negligent for not submitting permit <br />information required by the regulations in regard to small area <br />exemption demonstrations and for constructing the site in a manner <br />such that disturbed area drainage could leave the permit area <br />without passing through a sediment control system. $250 is <br />proposed for negligence. <br />D. NUMBER OF DAYS <br />The penalty is assessed for one day. <br />E. GOOD FAITH <br />Good faith is not applicable since the violation has not been <br />abated. <br />m:\wp51\1r71191c <br />