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<br />Fault: The fault of this violation lies totally on the operator; <br />Twin Pines Limited Investment for allowing the insurance to lapse. <br />Due to the lack of understanding by the operator regarding the need <br />to keep an insurance policy active even though operations have <br />ceased at the mine, the owner (who lives out-of-state) did not feel <br />the need to renew the certificate of insurance until the Division <br />outlined the regulatory reasons to do so. It is worthy to note <br />that the mine has never in it's 12 year history of active <br />operations, allowed the certificate of insurance to expire. <br />Therefore, the recommendation is lack of diligence for this <br />violation. <br />Good Faith: The operator attempted to immediately address the <br />situation as has been indicated in the above information. The NOV <br />was issued on September 2, 1994 after compliance had occurred (see <br />letter attached). I recommend a good faith effort be considered <br />for this violation. <br />Conclusion: The abatement deadline for this NOV has been met. The <br />assessment is due by October 9, 1994, 30 days after receipt of the <br />NOV by the operator. No additional information has been received <br />from the operator to date to further support their case. <br />