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xov c-93-127 <br />New Elk Mine <br />This NOV was issued for failure to segregate and store topsoil. <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 />Topsoil is critical to the reclamation of the refuse disposal area <br />at this mine. Failure to properly salvage topsoil potentially <br />jeopardizes the success of future reclamation of the pile. It <br />should be noted that, topsoil was salvaged. By not segregating <br />topsoil from rock material, the quality of the topsoil was <br />diminished to some extent. $500 is assessed for moderate <br />seriousness. <br />FAULT <br />The operator was negligent in not salvaging topsoil according to <br />regulatory requirements, even though proper salvage practices had <br />been carried out in the past. Since proper salvage operations had <br />been done in the past, it would appear the operator was aware of <br />and capable of following proper procedures. $750 is assessed for <br />negligence. <br />GOOD FAITH <br />There is no evidence of good faith in the file. <br />c:\wp51\101493g <br />