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Cessation Order C-93-012 Basin Resources Golden Eagle Mine This C.0. was issued (as modified on 3/25/93) for failure to conduct mining operations to minimize water pollution by allowing discharge of coal fines through a sediment pond. A. HISTORY One NOV was issued at the Golden Eagle Mine in the past twelve months. NOV C-92-010 was issued on 6/22/92 and was upheld. $50 is assessed for history. B. SERIOUSNESS Mine water discharge appears to have deposited coal fines in the Purgatoire River alluvial valley floor and into the river itself. Environmental damage was done outside the permit area by contri~uting an undetermined amount of coal to the river. This discharge apparently began sometime early in the day of March 25 -r. r!.^nnti nit,cd until approximately 10:00 AM on ,larch 2~. $1750 i_ Q~JC»CLL i~t' Se2 iiJli5nE5'. C. FAULT The discharge structure on Pond 3 has a gated valve. The discharge was initiated by the operator when the gate was opened. while the operator may not have intended to cause off-site pollution the discharge was an intentional act on the opera*_or's part. T.`.e 'a iSCh~`~e Was allowed to continue for a n,1mb<r c~ hcur_ prlcr *_c the tiii:e the DMG inspector became aware of the problem. S1500 is assess?d for fault. D. ::JMBER OF DAYS PENALTY ASSESSED The cessation order required the violation be abated by 5:00 PNI on March 25, 1993 by ensuring that appropriate treatment of discharge be done. The violation was abated at approximately i0:OC ni•I c.. March 27, 1993 when lab analyses indicated that water in Pond 2 would meet NPDES effluent limits if it were discharged from that pond. Discharge from Pond 3 was reduced but not completely stopped during this time period. Therefore, the violation continued unabated for two days beyond the abatement due date specified in the C.O. Pursuant to Rule 5.04.6(3), a minimum of $750 per day shall be assessed for each day beyond the abatement due date during which a violation in a cessation order is not abated. $1500 is assessed for two days. E. GOOD FAITH Since the violation continued unabated for two days beyond the abatement due date, good faith is not applicable.