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'` <br />NOVA C-94-024 <br />Canadian Strip Mine <br />This NOV was issued for failure to maintain an impoundment. The <br />primary spillway was obstructed, the emergency spillway channel <br />lining was not maintained, and the embankment was eroded. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve <br />months. No penalty is assessed for history. <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 />Good faith is not applicable at this time since the NOV has not yet <br />been abated. <br />c:\wp51\110294 <br />