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NOV C-95-017 <br />Trapper Mine <br />This NOV was issued for failure to backfill and grade an area so as <br />to achieve a 1.3 static safety factor, and failure to redistribute <br />topsoil on the reclaimed area in a manner which ensures stability. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve <br />months. No penalty is assessed for history. <br />SERIOUSNESS <br />The backfilled area which slumped accounts for a minor fraction of <br />the area reclaimed by the operator. The Division inspector and the <br />operator indicated that loss of topsoil was apparently minimal. <br />Long term impacts on the reclaimed area should be insignificant, <br />assuming the problem can be addressed so as to prevent its <br />recurrence. $250 is assessed for low seriousness. <br />FAULT <br />The operator apparently followed reclamation procedures in the <br />approved mine permit. An unusually wet spring is attributed to <br />causing the slide. However, the fact that the area failed indicates <br />the static safety factor was less than 1.3. <br />The area of the slide had previously failed, in 1993. An <br />investigation of the failure by the operator has not been completed <br />as of this date. Consequently, there is no clear evidence to <br />suggest whether the operator was negligent, or if the failure was <br />unavoidable. Since the area had previously failed, and there is no <br />evidence that the source of that failure was identified or <br />remedied, $250 is assessed for a low degree of negligence. This <br />factor may need to be revisited if an assessment conference is held <br />after results of the operator's investigation are available. <br />GOOD FAITH <br />Because the violation has not been terminated as of this date, good <br />faith credit is not relevant. <br />c:\wp51\070595 <br />