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<br />NOV C-94-025 <br />Canadian Strip Mine <br />This NOV was issued for failure to submit annual hydrology report <br />data by the due date specified in a permit stipulation. The late <br />reports cited in the NOV were due and submitted in past years. <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 />While failure to submit required monitoring data in a timely manner <br />may obstruct the Division's ability to assess mine related impacts, <br />the Division did not indicate any concerns with the late submittal <br />of the 1992 and 1993 reports at the time they were due. Since the <br />incident cited was in the past, I believe this violation <br />constitutes an administrative violation. No penalty is assessed <br />for seriousness. <br />FAULT <br />Since the violation cited in the NOV occurred in the past and the <br />reports had been submitted several months prior to issuance of the <br />NOV, the violation was unavoidable at the time the NOV was issued. <br />No penalty is assessed for fault. <br />GOOD FAITH <br />Good faith is not applicable since the assessed penalty is for <br />$0.00. <br />c:\wp51\110394 <br />J <br />