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NOV C-47-018 Raton Creek Mine This NOV was issued for failure to submit an Annual Reclamation Report by the dace required in the regulations and, for failure to conduct monitoring of revegetation on a reclaimed waste pile. The operator has submitted a request for vacation of the NOV to the Division Director. The operator's comments found in that request were reviewed as part of this assessment. There is an apparent difference of interpretation between the operator and the inspector regarding whether vegetation monitoring was required in 1997. For purposes of this proposed penalty assessment, it was assumed that monitoring was required in 1997. An interpretation o f this point will need to 6e made by the Director or an assessment conference officer. HISTORY No NOV's have been issued at this mine during the past twelve months. No penalty is assessed for history. SERIOUSNESS Failure to submit a required annual reclamation report for a small reclaimed site, such as the Raton Creek Mine, is primarily an administrative violation. Failure to submit the report precludes the Division from having a timely accounting From the operator of the reclamation work accomplished during the past year. In this instance, this is a low ieve{ of seriousness. A portion of the waste pile where revegetation monitoring was required was reclaimed without topsoil replacement. The permit requirements for monitoring revegetation were apparently put in place to assess the possible need to import topsoil if the initial revegetation efforts failed. Failure to conduct the required monitoring prevents the operator and the Division from making an informed decision regarding the need to import topsoil. However, in the absence of such a report and based upon observations of minimal establishment of vegetation on the pile made during past inspections, the Division has apparently determined chat topsoil is necessary for successful reclamation of the pile. Since the Division was able to determine that topsoil replacement will be required without any revegetation monitoring by the operator, failure to conduct the monitoring is assessed at a low level of seriousness. $250 is assessed for a low lave( of seriousness for this NOV.