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~ 1 <br />NOV C-94-006 <br />Trapper Mine <br />This NOV was issued for failure to provide non-erodible spillways <br />on sedimentation ponds. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve <br />months. No penalty is assessed for history. <br />SERIOUSNESS <br />The erosion problems associated with the pond spillways had not <br />resulted in extensive losses of topsoil or any serious observed <br />disturbance to the off site hydrologic balance. The potential for <br />problems due to a failure of the designed spillway systems was <br />increased as a result of the observed erosion. $250 is assessed <br />for low seriousness. <br />FAULT <br />The operator had diligently identified and reported some of the <br />problems cited in the NOV. Plans had been made to temporarily <br />address the piping problems although, they had not been implemented <br />prior to issuance of the NOV. The erosion problems in the spillway <br />of the Pyeatt pond had apparently not previously been detected. <br />Due to the limited extent of the piping problems at the No Name and <br />Johnson ponds and the limited accessibility due to the time of <br />year, these problems would appear to have been unavoidable. No <br />fault component of the civil penalty is included for these sites. <br />The operator was negligent in not identifying or addressing the <br />erosion problems in the Pyeatt spillway system. $250 is assessed <br />for negligence. <br />GOOD FAITH <br />No credit is awarded for good faith at this time since the <br />violation has not yet been abated. Should an assessment conference <br />be held in regard to this NOV, the operator's diligence in <br />identifying and addressing three of the four problems cited in the <br />NOV should be given consideration. <br />c:\wp51\5994 <br />