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NOV C-94-024 (as modified on March 17, 1995) <br />Canadian Strip Mine <br />This NOV was issued for failur <br />an impoundment (sediment pond) <br />embankment were noted during <br />evidence that the pond had been <br />a P.E. recently. <br />e to meet performance standards for <br />Problems with the spillway and <br />the inspection, and there was no <br />inspected under the supervision of <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 />There was no documented damage as a result of this violation. The <br />potential for damage due to obstruction of the primary spillway <br />during a storm event large enough to discharge or from failure of <br />the pond embankment is low. $250 is assessed for low seriousness. <br />FAULT <br />The presence of the spillway obstruction was noted in the <br />operator's pond inspection report approximately a year prior to <br />issuance of the NOV. The condition of the embankment should have <br />been apparent to the operator. The operator was negligent in not <br />addressing these matters in a timely manner. $250 is assessed for <br />negligence. <br />GOOD FAITH <br />The NOV has not yet been abated. Good faith is not relevant. <br />