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instrument. There have not been any other enforcement actions concerning the Bowie No. I <br />Mine permit since 1995. I believe that my comments on the ability of the pond to treat runoff in <br />spite of the reduction of pond capacity can be applied to the seriousness evaluation. As I had <br />mentioned previously, I was not able to talk to the contractor concerning this NOV, but, <br />according to Basil Beaz, the contractor just wasn't paying enough attention when he was moving <br />the soil to the temporary stockpile next to the pond. As far as good faith, according to Basil Bear, <br />the pond was reconstructed by Mazch 9. <br />Attached to this memo is the NOV File. Included in [he file is a set of photographic slides that I <br />had taken during the inspection, as well as the as-built drawing of the sedimentation pond. Also, <br />I have Jim Stover's recertification and two sets of before and after black and white prints of the <br />pond. <br />The service of the proposed civil penalty assessment to the operator is due April 5, 2001. If you <br />need any additional information, please let me know. Thanks for your assistance! <br />Attachment <br />c:\ms97\bowie I \civilpenalty I <br />