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~. <br />NOV C-94-029 <br />Colorado Yampa Coal Company <br />This NOV was issued for failure to monitor spoil springs as <br />required by the monitoring plan in the approved mine permit. <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 />Failure to conduct environmental monitoring obstructs the ability <br />of the Division, the operator, and the public to assess the impacts <br />of mining on the hydrologic balance. Since potential impacts to <br />the hydrologic balance due to spoil springs is a primary <br />consideration at this mine site, and since monitoring was not done <br />at eight of twelve springs which should have been monitored during <br />the 1993 water year, this is assessed as moderate seriousness. <br />$500 is assessed for seriousness. <br />FAULT <br />Failure to conduct portions of the required monitoring plan over a <br />period of a year appears initially to be an intentional act. The <br />Division inspector however, indicated that mine personnel <br />responsible for conducting the monitoring appeared to not be aware <br />of all of the monitoring requirements. Therefore, $750 is assessed <br />for negligence. The operator should take steps to ensure that the <br />monitoring requirements are clearly understood and followed by the <br />appropriate personnel. <br />GOOD FAITH <br />There is no evidence of good faith in the file. <br />c:\wp51\111894 <br />