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<br />NOV C-93-079 <br />Foidel Creek <br />History <br />One NOV (C-93-020) was issued on April 1, 1993. $50 is assessed <br />for history. <br />Seriousness <br />Information from the operator and the inspection report indicates <br />that minimal off site sediment deposition may have occurred. The <br />potential for more widespread offsite damage was created by the <br />condition of various diversions, berms and culverts. The <br />occurrence of a storm event the structures were designed for had <br />the potential to carry coal and other sediment offsite without <br />properly functioning structures. $500 is assessed for moderate <br />seriousness based on the potential for off site damage and the <br />minimal observed damage. <br />Fault <br />The operator was negligent in not identifying and addressing <br />problems which had apparently progressed beyond a maintenance item <br />and were out of compliance. While the wet spring conditions appear <br />to have hampered some efforts, is still appears that the operator <br />neglected to address problems with failed structures. <br />Good Faith <br />The operator abated the violation in a <br />issuance of the NOV. However, the <br />extraordinary since most of the abatement <br />done prior to an out of compliance situation <br />for good faith. <br />short time following <br />efforts do not seem <br />work should have been <br />No credit is awarded <br />c:\wp51\61493 <br />