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NOV C-93-126 <br />New Elk Mine <br />This NOV was issued for failure to pass disturbed area runoff <br />trough a sediment pond. <br />HISTORY <br />Nineteen NOV's have been issued at this mine in the past twelve <br />months. $950 is assessed for history. <br />SERIOUSNESS <br />Some off-site disturbance occurred as a result of this violation. <br />The amount and extent appear to be very limited due to the minor <br />volumes of material and the limited size of the areas involved. <br />$500 is assessed for seriousness due to the actual and potential <br />off-site damage. <br />FAULT <br />The operator was negligent in not maintaining sediment control <br />structures and retaining coal refuse with in the sediment control <br />system. <br />GOOD FAITH <br />There is no evidence of rapid or extraordinary compliance. <br />c:\wp51\101493f <br />