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<br />NOV C-99-011 <br />Raton Creek Mine <br />This NOV was issued for failure to complete the installation of a ditch which was <br />part of the approved plan in the mine permit. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve months, other <br />than NOV C-99-010, which was issued one day prior to this one and is still in the <br />administrative process. No penalty is assessed for history. <br />SERIOUSNESS <br />There is no indication in the file that significant environmental damage resulted <br />from this NOV. However, the ditch was part of the approved reclamation plan. <br />As such, it was intended to prevent damage to due uncontrolled runoff. Failure <br />to construct the ditch as designed creates a potential for more extensive <br />damage to occur. $250 is assessed for a low degree of seriousness. <br />FAULT <br />The plans for installation of the ditch lining cited in the NOV were approved in <br />1997. The Division had corresponded with the operator about the need to <br />complete this work, and the operator had indicated that the work would be <br />completed in a timely manner agreed upon by both parties. The failure to begin <br />the work following the earlier communications represents a moderate degree of <br />negligence on the operators part. $500 is assessed for a moderate degree of <br />negligence. <br />GOOD FAITH <br />Although the work has been completed, there is no evidence of any extraordinary <br />efforts undertaken in abating this NOV. Therefore, no credit is awarded for good <br />faith. <br />