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New Elk Mine <br />NOV No. CV-2008-005 <br />Proposed Civil Penalty <br />Seriousness <br />According to the inspection report, water had overtopped the berm recently. Based on this statement, <br />the duration of the violation is considered short. The extent of damage is small. Two gullies were <br />created that caused the deposition of processing waste on the reclaimed slope below the gullies. The <br />extent is considered low. $250.00 is proposed for seriousness. <br />Fault <br />The inspection report notes that it had been raining extensively during the inspection and several days <br />before the inspection. Ground conditions were wet and it would not have been advisable to take <br />equipment onto the pile during such wet conditions. However, the pile is inspected on a regular basis <br />and preventative maintenance could have prevented the breached berm. A moderate amount of <br />negligence, $500.00, is proposed for fault. <br />Good Faith <br />Photos submitted by the operator indicate the violation has been abated. However, the Division has not <br />inspected the site to confirm that the NOV has been abated. A good faith reduction may be warranted, <br />but I would prefer to have the Division inspect the site before granting a good faith reduction. The <br />operator will have the opportunity to get a good faith reduction if they request an assessment <br />conference.