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OCT. 14.1998 3~32PM <br />.:.~ <br />DIViMINERRLS&GEOLOGY <br />Nov q-9e~no~ <br />Deserado Mlne <br />N0.234 P.4i4 <br />This NOV eras Issued for failure to maintain twa roegH cglvbrts az the East portal area <br />HISTORY ~, <br />~, i <br />No NOV's have been issued at this site durjng tFie pest f 2 months. No penalty is assessed for <br />history. I <br />SERIOUSNESS <br />The Inspector s report indicates that no observ~l4 ttinvlro mental damage resuted from the <br />blockage of the cuMerts. Ahfiough some potentyai fdr d age was created by the blockage, <br />backup measures wane apparently in place. Tharo re, no penalty is assessed for seriousness. <br />Th e operator submitted informadon indlcatir-g Shat the st~rm runof/ which resulted in the <br />cuh~ert being blocked was the resuh of a storm i~ e,~cess of the design went for the culverts. <br />Evaluation of that infarnlation may be necessaryhif the operator wishes to pursue their request <br />for vacation of the NOV in assessment conferetipe~or purposes of this proposed peneky <br />assessment. I am assuming the runoff was naLFih uk of a storm which exceeded die design <br />capacity of the cu rts. <br />"~ !!~~ I <br />The storm which caused the problem with the 5ulveW'CS app arerttly occurred about ten days <br />prior m the Inspection. Failure to restore the cWlvelfFs' fur~dlPrtality indicates somc degree of <br />negligence. $?SO is assessed for a kna level of n~gliggnce. <br />C+OQD FAITH I <br />The operator procured equipment with rrflldl tIp clq`,art th I Culverts on the same morning when <br />the inspector visited dse site. Diligent efforts to rlthe rulverts were apparently made and, <br />on a of the eulverb was replaced when efforts ep n ' the culvert w.ro umvccessful. $250 is <br />awarded for good faRh. due to the rapid and tfidro h effdres made by the operator to carted <br />the problem identified in the NOV. , . j <br />I, <br />i <br />I' <br /> <br />