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<br />The proposed civil penalty was: <br />History $200.00 <br />Seriousness $1000.00 <br />Fault $1000.00 <br />Good Faith $0.00 <br />Total $2200.00 <br /> <br />History <br />There have been four NOV's issued during the past four months. <br />seriousness <br />The justification of the proposed penalty was that it is <br />impossible to asses mining impacts without an adequate monitoring <br />program. <br />Based on the information presented in the conference I am <br />recommending a reduction to $750.00 in the seriousness component. <br />The operator did conduct all NPDES and mine water monitoring as <br />required to assess the quality of and flow of water from the <br />mine. No critical data was lost. The Division has been <br />discussing a reduction in the monitoring of the surface and <br />ground water sites for several months. <br />au t <br />The proposed penalty was assessed based on the operator's <br />intentional decision not to monitor based on weather conditions. <br />However, the inspector felt the sampling could have been <br />conducted during this period based on the aerial photos. <br />Based on the information presented in the conference, I believe <br />the penalty is too high. The operator had hired a consultant to <br />conduct the monitoring and the consultant felt the conditions <br />were unsafe, whether they were or not is questionable. I <br />conclude the operator was negligent in not supervising the <br />consultant more closely during this time. $750.00 is proposed <br />for a high level of negligence. <br />Good Faith <br />I am not recommending a good faith reduction. It is my feeling <br />that lost data cannot be retrieved and thus the NOV is <br />unabateable. However, a minor revision was submitted as required <br />by the abatement within the required time frames. <br />Settlement Agreement Penalty <br />History $200.00 <br />Seriousness $750.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $1700.00 <br />