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i <br /> <br /> <br />NOV C-91-009 <br />Trinidad Basin Mine <br />This violation was issued for failure to pass disturbed area <br />surface drainage through a sediment control system. The area cited <br />encompassed the entire disturbed area. <br />A. HISTORY <br />No violations have been issued in the past twelve months at this <br />mine No penalty assessed for history. <br />B. SERIOUSNESS <br />Actual and potential damage resulting from this violation exists <br />both within and outside the permit area. On site drainage <br />structures have fallen into disrepair. Diversions have eroded, <br />culverts have been removed and sediment ponds are not in compliance <br />with requirements of the regulations or the permit. Since <br />uncontrolled surface runoff has been allowed to leave the permit <br />area, unknown quantities of sediment have been deposited outside <br />the permit area and/or added to streams. Damage that has occurred <br />off site cannot be repaired. <br />$1000 is assessed for seriousness because damage extended off- <br />site and duration of damage is indefinite. <br />C. FAULT <br />The operator was made aware of the problems cited in this violation <br />by Division inspectors earlier in the year. The Mined Land <br />Reclamation Board issued an order to the operator in June, 1991 <br />indicating that the work required for abatement of the NOV should <br />be done. The date for completion of this work was extended once by <br />the Board. Since the operator had been made aware of the problems <br />by the Division and the Board and he did not perform the required <br />work, I find that this was intentional negligence on his part. <br />$1000 is assessed for fault because the violation resulted <br />from an intentional lack of effort by the operator. <br />D. GOOD FAITH <br />Good faith is irrelevant since the violation has not yet been <br />abated. <br />M:\WP51\LR82391b <br />