_ENFORCEMENT - C1981017 ‎(8)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-90-050
• Violation No.: C-90-050
• Media Type: D
• Archive: No

a
EXPLANATION OF PROPOSED PENALTY FOR NOV'S C-90-050
A. History The mine has been issued 5 NOV's in the preceding 12 months that
have completed administrative reviews. Each is assessed at $50.00. Total
assessment for history is $250.00.
B. Seriousness This violation involves a number of road ditches, culverts,
and discharge structures. Excessive erosion occurred i'n several road ditches
and at discharge points for several culverts; significant deterioration as
well as plugging of some culverts has also taken place. It is probable that
some degradation of local streams has occurred as a result of erosion in these
ditches and at culvert discharge points. Runoff from this road moves directly
into the local drainages without passage thru a sediment pond. There is
potential for this degradation to extend beyond the permit area. Given the
erodability and high relief in the general area of the mine and the relatively
small size of the areas draining thru these ditches and culverts, however, the
level of stream degradation attributable to this erosion is considered to be
low within the permit area. The potential for the degradation to be
detectable beyond the permit area is minimal .
The deterioration of the road culverts as well as plugging creates some
potential safety hazard to users of the road if collapse of the culverts or
overflow and erosion of the road would occur. This potential is also
considered low since it is unlikely that the mine would permit conditions to
reach this point. Overall serousness of the violation is considered low and
assessed at $250.00.
C. Fault The operator is considered negligent for not exhibiting reasonable
care in the maintenance of these road ditches and culverts. The road
apparently has not manifested any drainage or safety problems and undergoes
infrequent use, that only during the favorable parts of the year.
Nevertheless, the various components of the violation appear to have
accumulated as a result of several years of neglect. Consequently, the degree
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 for
good faith.
ddh
1813F