_ENFORCEMENT - C1981017 ‎(17)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-90-052
• Violation No.: C-90-052
• Media Type: D
• Archive: No

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EXPLANATION OF PROPOSED PENALTY FOR NOV C-90-052
A. History The Mine has been issued 5 NOV's in the preceding 12 months that have
completed administrative review. Each is assessed at $50.00 Total assessment for
history is $250.00.
B. Seriousness This violation involves failure to pass surface runoff from a
number of small areas of the mine thru sediment ponds before it leaves the permit
area. 'While certain of these areas would appear to be candidates for approval as
small areas exempt from normal sediment control requirements, such approval has
not been made. Other of these areas have been approved as exempt but their
corresponding containment structures are no longer functional . It is probable
that some degradation of local streams has occurred as a result of runoff from
these areas not being contained or routed thru sediment ponds. There is
potential , by means of the stream system, that this degradation extends beyond the
permit area. Given the erodability and high relief of the general area of the
mine and the relatively small size of these particular areas, however. the level
of stream degradation resulting from the uncontrolled runoff from these areas is
considered low within the permit area. The potential for the degradation to be
detectable beyond the permit area is minimal . Consequently, the overall
seriousness of the violation is considered low and assessed at $250.00.
C. Fault The operator is considered negligent for not exhibiting reasonable care
in properly maintaining the sediment containment structures associated with
certain exempt small areas and for not providing other identified areas of the
mine with either sediment control or exemptions. The mine is large and the
operation is complex, but there are 8 areas cited in this violation. As a result,
the degree of negligence is considered moderate and assessment for fault is
$500.00.
D. Days The Penalty is assessed for one day.
E. Good Faith The violation has not been abated. There is no reduction proposed
for good faith.
ddh 1806F