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<br />NOV C-95-022 <br />Raton Creek Mine <br />This NOV was issued for failure to maintain a diversion ditch <br />around a coal refuse pile and sediment control structures <br />associated with a small area exemption. <br />HISTORY <br />One NOV (C-95-018) has been issued at this site during the past <br />twelve months. $50 is assessed for history. <br />SERIOUSNESS <br />The refuse pile diversion was apparently seriously damaged by <br />runoff from a storm event prior to the Division inspection. <br />However, damage was confined on site by the sediment pond. While <br />the silt fence at the topsoil pile SAE had failed, there is no <br />documented evidence of off-site damage. Sediment which left the <br />SAE was apparently deposited within the disturbed area. $500 is <br />assessed for moderate seriousness. <br />FAULT <br />The operator had apparently made prompt arrangements to address <br />repairs to the refuse pile diversion. While arrangements had also <br />been made to repair damage to the SAE, no repairs to the silt fence <br />or cleanup of sediment had been done prior to the Division <br />inspection which occurred six days after the operator discovered <br />the problems cited in the NOV. $250 is assessed for a low degree <br />of negligence. <br />GOOD FAITH <br />Good faith is not applicable at this time since the NOV has not <br />been abated and terminated. Consideration of good faith should be <br />evaluated if this action is appealed since the operator had <br />apparently identified and begun to make arrangements for remedying <br />the problems cited in the NOV. <br />c:\wp51\092695 <br />