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<br /> <br />NOV C-95-013 <br />Edna Mine <br />This NOV (C-95-009) was issued for failure to pass disturbed area <br />runoff through a sediment pond, failure to provide a nonclogging <br />dewatering device on a pond, and failure to provide a nonerosive <br />channel for discharge from a pond. <br />HISTORY <br />One NOV has been issued at this site during the past twelve months. <br />$50 is assessed for history. <br />SERIOUSNESS <br />Sediment from the ditch berms and pump pad was deposited on the <br />Trout Creek AVF. It is not clear whether sediment deposition in <br />the creek occurred as a result of the pond and ditch failures. <br />$750 is assessed for seriousness due to the impact to an alluvial <br />valley floor. <br />FAULT <br />A small degree of negligence on the operator's part is evident from <br />the lack of control measures to prevent the pond spillway from <br />clogging. Otherwise, the operator appears to have taken prudent <br />measures to route disturbed area runoff to the sediment pond. The <br />problem appears to have resulted from the clogged discharge pipe. <br />$250 is assessed for negligence. <br />GOOD FAITH <br />Because the NOV has not been entirely abated and terminated, good <br />faith cannot be considered at this time. The operator indicated <br />that the clogged spillway was cleared as soon as possible after the <br />problem was observed. It also appears all reasonable measures <br />which could be taken considering the wet weather and ground <br />conditions were taken. <br />c:\Wp51\061395c <br />