_ENFORCEMENT - C1981017 (7) - Laserfiche WebLink

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Explanation of Proposed Penalty for NOV C-90-051 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 excessive erosion in two separate ditches. The erosion in the East Collection Ditch at the Sutey Pile apparently resulted from failure to install the ri prap lining as approved in the design; that in the ditch to Pond 5-1 from a failure to properly maintain. The erosion in both cases was confined to the mine site and no degradation of local streams by the water involved apparently occurred within or beyond the permit area. Both ditches lead to properly functioning sediment ponds . While there is potential for the continuation of this erosion to affect the ability of the sediment ponds to function properly, this potential is considered low since the operator normally maintains these sediment ponds adequately. Overall the seriousness of the violation is considered low and assessed at $250.00. C. Fault The operator is considered negligent for not constructing the East Collection Ditch at the Sutey pile according to approved design and not exercising reasonable care in the maintenance of both this and the ditch to Pond 5-1 . Even though the operator had apparently been cautioned earlier about the East Collection Ditch , the resulting erosion had been allowed to create an estimated 8 foot deep gully in place of a ditch designed to be 1 .5 feet deep. Erosion in the ditch to Pond 5-1 had progressed over an estimated year or so without being addressed. As a result, the level of negligence is considered moderate and assessed at $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 . 17 98F