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<br />NOV C-93-157 Failure to certify impoundments by a Professional <br />Engineer and submit quarterly reports <br />All seven notices have been through the appeal process. All except <br />one (NOV C-93-155) were upheld. The operator has signed any <br />applicable settlement agreements, and the status of the notices is <br />now final. <br />The problems cited in the notices are unrelated. NOV C-93-010 was <br />a discharge-related violation; NOV C-93-103 was a refuse pile <br />drainage problem; NOV C-93-153 and NOV C-93-157 were administrative <br />oversights; NOV C-93-154 was a ditch maintenance problem, and NOV <br />C-93-156 was a geotechnical problem. Although NOV's C-93-010, C- <br />93-103 and C-93-154 are all hydrology-related NOV's, the nature of <br />the NOV's are not similar. NOV C-93-010 resulted from a pond <br />discharge; NOV C-93-103 involved drainage off the face and working <br />surface of a refuse pile where no discharge was involved, and NOV <br />C-93-154 involved ditch maintenance and did not involve a <br />discharge. <br />Considering that, prior to the issuance of the 1993 notices, WFU <br />had only received one notice of violation in seven years, and that <br />the problems cited in the above violations are unrelated, I do not <br />believe that a pattern of violations exists at the Deserado <br />Mine.Because the violations were isolated departures from lawful <br />conduct, I recommend that the Division determine that there is not <br />a pattern of violations at the Deserado Mine and that WFU not be <br />issued an order to show cause why the permit should not be <br />suspended or revoked. <br />If you have any questions or need additional information to <br />complete your review, please let me know. <br />xc: Steve Renner <br />Larry Routten <br />Murari Shrestha, WFU <br />