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<br /> <br />NOV C-91-010 <br />La Plata Mine <br />This NOV was issued for failure to design, construct and maintain <br />a sediment control system to control, to the extent possible, <br />additional contributions of sediment to streamflow and runoff. <br />Areas cited were the reclaimed mine bench, area beneath the <br />conveyor and culverts, drop inlets and a ditch. <br />HISTORY: No violations have been issued to La Plata Mine during <br />the past twelve months. No history penalty is assessed. <br />SERIOUSNESS: The Division inspector cited several areas of <br />excessive erosion on the site. Off-site damage was also cited. <br />Sediment from the permit area had left the site and filled an <br />irrigation ditch. Because of the off-site damage and the <br />excessive erosion on-site, seriousness is deemed significant. <br />$1000 is assessed for seriousness. <br />FAULT: No sediment control system is in place for a portion of the <br />permit area. The Division has instructed the operator on several <br />occasions to submit plans for a sediment control system. This was <br />done in writing at least once, in a letter from Jim Stevens dated <br />August 29, 1990. The operator subsequently submitted plans but, <br />has not implemented those plans. <br />Because the operator has been notified of the need to address the <br />problem cited in this NOV in writing and has failed to act, fault <br />is intentional. $1000 is assessed for intentional fault. <br />GOOD FAITH: Good faith is irrelevant since the violation has not <br />yet been abated. <br />M:\WP51\LPR9691b <br />