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<br />NOV C-94-001 <br />Keenesburg Mine <br />This NOV was issued for failure to maintain access road ditches. <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 />Both of the diversions cited on the NOV route surface runoff to <br />sediment ponds. While a failure to carry the design flow might <br />have resulted in a failure to pass, the fact that the obstructions <br />occurred during snowmelt and as a result of wind-blown sand <br />combined with the minimal likelihood of a sizeable runoff occurring <br />in January lead me to a finding of no significance. No penalty is <br />assessed for seriousness. <br />FAULT <br />The operator was negligent in not maintaining the diversions to <br />design standards. $250 is assessed for negligence. <br />GOOD FAITH <br />The operator apparently began abatement work during the inspection, <br />shortly after the alleged violation was identified. Abatement work <br />was completed the following day. $250 is awarded for good faith <br />due to rapid compliance. <br />c:\wp51\12594 <br />