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NOV C-93-128 <br />New Elk Mine <br />This NOV was issued for failure to maintain adequate freeboard in <br />an impoundment. <br />HISTORY <br />Nineteen NOV's have ben issued at this mine in the past twelve <br />months. $950 is assessed for history. <br />There was no documented environmental damage due to this NOV. <br />However, the impoundment cited is designed to be part of a closed <br />system. The impoundment receives water with flocculent used in the <br />prep plant. Neither the quantity or concentration of flocculent in <br />water discharged from pond 6 or 7 is known. However, the potential <br />for a discharge of a toxic substance into the Purqatoire River was <br />created by failure to contain plant water in the pond, as per the <br />design. Because of the potential for serious off-site impacts and <br />because no known off-site impacts occurred, $1250 is assessed for <br />seriousness. <br />FAULT <br />The operator was negligent in not maintaining the pond system in <br />accordance with the design. There is no evidence to indicate this <br />failure was intentional. $750 is assessed for negligence. <br />GOOD FAITH <br />There is no evidence of-good faith in the file. <br />c:\wp51\101493h <br />