_ENFORCEMENT - C1981017 (18) - Laserfiche WebLink

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Explanation of Proposed Penalty for NOV C-90-049 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 on the part of the operator to construct two sediment ponds according to approved design. Currently, the ponds appear stable and to be functioning properly. No environmental or property damage has apparently occurred as a result of the violation. As a result of improper construction, however, there exists an increased potential for failure of the ponds, excessive downgradient erosion, and degradation of local streams. This increased potential is considered low. Although one pond apparently has only one-half of approved emergency spillway capacity and the other, in places , less than one-half of the approved embankment width, the ponds are relatively small and have functioned satisfactorily for a considerable length of time. The assessment for seriousness is $500.00. C. Fault Professional certification apparently exists that both ponds in question were constructed according to approved design. In the case of Pond 4-1 , however, only one-half the approved emergency spillway capacity was installed. In the case of the "Mine Bin Pad Pond" for the No. 3 Mine, the embankment is, in places, less than one-half approved design width. These conditions are considered to indicate negligence on the part of the operator or his agents in not exercising reasonable care in regard to the construction. Given that there were designs and certifications of proper construction for both ponds, the level of negligence is considered high and assessed at $750.00. D. Days The penalty is assessed for 1 day. E. Good Faith The violation has not been abated. There is no reduction proposed for good faith. 1802F