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<br />NOV CV-99-010 <br />Raton Creek Mine <br />This NOV was issued for failure to monitor wells, as required by the monitoring <br />plan in the approved mine permit. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve months. No <br />penalty is assessed for history. <br />SERIOUSNESS <br />Failure to conduct environmental monitoring obstructs the ability of the Division, <br />the operator, and the public to assess the impacts of mining on the hydrologic <br />balance. One of the wells cited in the NOV belongs to the landowner and, the <br />other well is associated with the refuse pile, which is a significant feature of the <br />reclaimed mine site. $500 is assessed for seriousness. <br />FAULT <br />Conducting required hydrologic monitoring and reporting the results of that <br />monitoring are basic components of the approved mine permit. Based on the <br />apparent failure to conduct all required monitoring, $500 is assessed for a <br />moderate degree of negligence. <br />GOOD FAITH <br />Consideration of good faith is not relevant at this time since the NOV has not yet <br />been abated and terminated. <br />