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Proposed Civil Penalty NOV No. CV-2005-001 History $0.00 Seriousness $750.00 Piping of fines along the barrel of the Pond B dewatering pipe negatively impacted the integrity of the pond embankment. The embankment had breachedleroded above the dewatering pipe inlet and at the pipe outlet. The dewatering pipe was not functional and water was seeping through the pond embankment. There was not enough water to collect a sample. The exact duration of the damage is unknown, although the operator's 4s' quarter pond inspection was conducted on November 11, 2004. At that time it was noted that both ponds were holding a substantial amount of water above the primary spillway. No evidence of seepage on the pond embankment was noted in past DMG inspection reports. Jim Stover, the operator's consultant, told Dan Hernandez in a phone conversation on January 28, 2005 that the failure may have occurred after a recent snowfall and subsequent warm spell. There was no evidence of off-site damage. Fault $250.00 The DMG contacted Mr. Stover on Januazy 28, 2005, two days after the DMG's inspection and he was awaze of the problem. Personnel and equipment had been mobilized to repair the damage. This violation represents a low level of negligence. Good Faith -$500.00 As stated above, the operator was awaze of the damaged embankment when the DMG issued the NOV on February 1, 2005. Personnel and equipment had been mobilized to repair the damage. All repairs were completed and the reconstructed pond embankment was certified on February 4, 2005. The certification was submitted to the DMG on February 14, 2005. The abatement deadline was February 22, 2005. A good faith reduction of $500.00 is proposed for the extraordinary efforts to quickly mobilize personnel and equipment to abate the violation in the shortest time possible. Total Proposed Civil Penalty $500.00