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J <br />• • <br />NOV C-97-012 <br />Colorado Yampa Coal Company <br />This NOV was issued for failure to conduct a quarterly inspection of a sedimentation pond, as <br />required by the regulations. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve months. No penalty is assessed <br />for history. <br />SERIOUSNESS <br />There is no evidence that environmental harm occurred as a result of this violation. However, <br />the potential for environmental harm is increased whenever pond inspections aze not performed. <br />The intent of the regulatory requirements for regulaz pond inspections is to ensure that the <br />integrity of the pond is sound, thereby ensuring that it performs its function of treating surface <br />water runoff and, detecting any defects in the pond which may occur before those defects result <br />in a failure of the pond. The potential for problems resulting from sedimentation ponds which <br />aze not inspected is significant. Since no harm had occurred, a lower level of significance is <br />appropriate. $1000 is assessed for seriousness. <br />The operator was negligent in not completing the required inspection of the pond cited in the <br />NOV. It appeazs that quarterly inspections were done for all recent quarters except the second <br />quarter of 1997. Therefore, a moderate level of negligence is apparent. $500 is assessed for <br />negligence. <br />There is no evidence of extraordinary effort to abate this NOV. No credit for good faith is <br />awarded at this time. <br />082297 <br />