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<br />NOV C-94-034 <br />New Elk Mine <br />This NOV was issued for failure <br />designated disposal area. Drill <br />disposed of in a sediment pond. <br />HISTORY <br />to dispose of non-coal waste in a <br />mud from an exploration hole was <br />Three NOV's have been issued at this site during the past twelve <br />months. Two were vacated and the third is still in the <br />administrative review process. No penalty is assessed for history. <br />There is no documented evidence of environmental harm as a result <br />of this violation. Without substantial testing, such evidence <br />would probably not be attainable. However, the potential for harm <br />from the illegal disposal of a substance classified as a hazardous <br />waste was created as a result of this violation. Because the <br />drilling mud contained an unknown amount of a hazardous material, <br />$1000 is assessed for significant seriousness. <br />FAULT <br />The approved mine permit includes a commitment to dispose of <br />drilling fluids in an approved area. This permit condition was <br />ignored when the operator chose to dispose of drilling fluids in a <br />sediment pond, which is not an area approved for waste disposal. <br />This would appear to have been an intentional choice made by the <br />operator. $1000 is assessed for intent. <br />GOOD FAITH <br />There is no evidence of good faith in the file at this time. <br />c:\wp51\121594 <br />