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NOV C-92-019 <br />This NOV was issued for failure to maintain the embankment of a <br />permanent impoundment. <br />HISTORY <br />Two NOV's (C-91-013 and 014) have been issued to TBM in the past <br />twelve months. Both of these are still in the review process so, <br />there are no NOV's affecting the history component of this penalty. <br />SERIOUSNESS <br />Failure of the embankment prior to the inspection resulted in an <br />undetermined amount of sediment being contributed to an off-site <br />stream. The extent of damage from erosion due to the embankment <br />failure was unknown since the site was repaired prior to the <br />inspection. <br />The potential for additional damage on and off site exists as long <br />as the embankment is either not in place or not properly compacted. <br />Further embankment failure could result in excess erosion, excess <br />sediment contributions beyond the permit area and damage to roads <br />in the area. <br />FAULT <br />The operator was negligent in not maintaining the impoundment <br />embankment so as to ensure its stability. It is not known whether <br />the rodent holes which apparently led to the failure were present <br />during the last inspection of the impoundment by the operator. <br />GOOD FAITH <br />Repairs to the embankment had been made prior to the inspection <br />which resulted in issuance of this NOV. The repairs were <br />apparently temporary in nature and need to be amended. The <br />operator did show good faith in partially addressing the problem <br />cited in this NOV. <br />c:\wp51\1r910 <br />