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<br />NOV C-97-005 <br />Bowie No. 2 Mine <br />This NOV was issued for failure to prevent erosion and siltation during construction of roads to <br />the extent possible. <br />HISTORY <br />There. have been no NOV's issued at this operation during the past twelve months. No penalty is <br />assessed for history. <br />SERIOUSNESS <br />The inspector's observations were that a moderate amount of sediment which was generated by <br />road construction lefr the disturbed azea without being treated by siltation control fences which <br />had not been installed correctly. The extent of the damage observed during the inspection was <br />limited. However, the ineffective installation of silt fences created the potential for lazger <br />amounts of sediment to leave the site over an indefinite time period. Because the observed <br />damage was off-site and, because of the potential for more extensive damage created by this <br />violation, $1000 is assessed for a significant level of seriousness. <br />FAULT <br />Negligence is indicated by the improper installation of the silt fence and by the fact that the <br />improper installation and function of the silt fence was not corrected prior to the Division <br />inspection. $750 is assessed for negligence. <br />GOOD FAITH <br />There is no indication of extraordinary effort required to abate this NOV. Therefore, no credit <br />for good faith is awarded. <br />