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NOV CV-99-014 Raton Creek Mine This NOV was issued for failure to obtain approval of reclamation plans prior to implementing those proposed plans. The operator performed some interseeding and constructed contour furrows on a portion of the reclaimed mine where no topsoil had been replaced. The operator had submitted a minor revision application proposing this work. The Division had indicated that the proposed work would not adequately address problems with the area that had been reclaimed without topsoil. The operator implemented the proposed plans anyway. HISTORY Two NOV's (#99-010 and 99-011) have been issued at this mine during the past twelve months. Notice and Orders to Pay were issued for both NOV's on December 3, 1999. Since the periods available for appeal for these NOV's have not expired, they are not included in the history component of this assessment. No penalty is assessed for history. SERIOUSNESS This was an administrative violation. The work cited in the NOV, which was completed by the operator prior to approval of proposed plans, consisted of supplemental reclamation efforts. Questions about the usefulness of these efforts had not been addressed in the permitting process. However, implementation of the plans did not obstruct the Division's ability to enforce compliance with the approved permit or prohibit further work from being done in the future. No penalty is assessed for seriousness. FAULT The need for additional reclamation work and a revised reclamation plan had been pointed out to the operator and discussed with Division personnel more than a year prior to issuance of this NOV. Letters notifying the operator of the Division's concerns with the proposed plans were sent to the operator. The operator chose to implement the proposed plans prior to resolving concerns identified by the Division and prior to obtaining approval of the proposed plans, as required by Rule 2.08.4(4). $250 is assessed for a low degree of negligence. GOOD FAITH Since the NOV has not been abated, consideration of good faith is not relevant at this time.