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NOV C-95-011 <br />Foidel Creek Mine <br />This NOV was issued for failure to prevent additional contributions <br />of suspended solids to streams, failure to minimize degradation of <br />water quality, failure to minimize erosion, failure to prevent <br />damage to public property, failure to minimize disturbance to the <br />hydrologic balance, and failure to pass disturbed area runoff <br />through a sediment pond or treatment facility. <br />HISTORY <br />No NOV~s have been issued at this site during the past twelve <br />months. No Penalty is assessed for history. <br />SERIOUSNESS <br />An undetermined amount of sediment left the permit area and entered <br />Foidel Creek without being treated. Although the extent of damage <br />was not determined, offsite impacts to the hydrologic balance did <br />occur. $1000 is assessed for offsite impacts. <br />FAULT <br />The number and extent of problem areas cited in the NOV indicate <br />more than casual negligence on the part of the operator. It <br />appears significant quantities of coal were allowed to spill and <br />remain on roads, as well as adjacent areas. Berms adjacent to <br />stream buffer zones at the permit boundary were not maintained. <br />Spilled coal and debris from a water-caused slide were not cleaned <br />prior to the Division inspection. $750 is assessed for a high <br />degree of negligence. <br />GOOD FAITH <br />There is no evidence of good faith in the file at this time. <br />c:\wp51\061395b <br />