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NOV C-92-038 <br />Cyprus Orchard Valley Coal Company <br />This NOV was issued for failure to protect stockpiled topsoil from <br />wind and water erosion and contamination. The stockpile was <br />contaminated with coal fines. <br />HISTORY <br />Tow NOV's have been issued to COVCC during the past twelve months. <br />NOV C-92-006 was issued on May 7, 1992. NOV C-92-007 was vacated <br />and therefore, is not included in the history component of this <br />assessment. $50 is assessed for history. <br />SERIOUSNESS <br />Stockpiled topsoil is essential for successful reclamation of the <br />disturbed mine area. Contamination of the topsoil has potentially <br />affected the material's ability to support plant growth following <br />reclamation of the site. A potential impact to the success of <br />reclamation is deemed as significant. $1000 is assessed for a <br />significant violation of a performance standard. <br />FAULT <br />The operator had apparently made some effort to avoid contamination <br />of the topsoil stockpile in the past. The fact that failure of the <br />past efforts went uncorrected for a long enough period of time for <br />2-6 inches of coal fines to accumulate indicates some level of <br />negligence on the operator's behalf. $250 is assessed for <br />negligence. <br />GOOD FAITH <br />Good faith is not applicable since there is no evidence that the <br />violation has been abated as of this date. <br />c:\wp51\1r1230b <br />