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_ -,. <br />NOV C-93-081 <br />Twin Pines Mine <br />This NOV was issued for failure to maintain a diversion in <br />accordance with the approved design specifications. <br />HISTORY <br />NOV C-92-015 was issued at the Twin Pines Mine on July 16, 1992. <br />The NOV was subsequently vacated. No other NOV's have been issued <br />at this mine during the past twelve months. No penalty is assessed <br />for history. <br />SERIOUSNESS <br />There is no documented damage from this violation. However, the <br />potential for on-site damage existed because of the presence of the <br />violation. $250 is assessed for low seriousness due to the <br />potential for damage. <br />FAULT <br />Apparently, past design calculations done by the operator for the <br />ditch cited in the NOV had.not been incorporated into the permit <br />through the permit revision process. It is not clear from <br />information in the NOV file, whether the ditch conformed to the <br />revised specifications at the time of the May, 1993 inspection. <br />However, the ditch did not conform with the specifications in the <br />approved permit at that time. The operator was negligent in not <br />having current designs .for the structure in the approved permit <br />application package. $250 is assessed for negligence. <br />GOOD FAITH <br />There is no information pertaining to abatement of this violation <br />in the NOV file at this time. Therefore, credit for good faith is <br />not awarded at this time. The operator is advised to present facts <br />concerning abatement steps taken to an assessment conference <br />officer, if an assessment conference is requested. <br />