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NOV C-95-010 <br />Foidel Creek Mine <br />This NOV was issued for failure to pass underground mine discharge <br />through a sediment pond or treatment facility before leaving the <br />permit area. <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 />SERIOUSNESS <br />The regulations, at Rule 4.05.2(1), require that all underground <br />discharge not meeting effluent limits be passed through a sediment <br />pond or treatment facility. It is not clear from the NOV file <br />whether the underground discharge cited in this NOV met effluent <br />standards. The operator apparently collected a sample of the <br />discharge. Results of that analysis are not available at this <br />time. <br />The regulations also prohibit mixing of surface runoff and mine <br />discharge in small areas approved as exempt from requirements to <br />treat surface runoff. Mine discharge cited in the NOV was passing <br />through a rock filter which was part of an approved SAE for surface <br />runoff. <br />Assuming the mine discharge required treatment prior to being <br />discharged, an unpermitted discharge of water offsite was <br />occurring. An undetermined amount of coal fines, and possibly <br />other contaminants was allowed to enter Foidel Creek without any <br />treatment other than passing through a rock filter which was <br />intended to treat storm water runoff. $1000 is assessed for <br />significance because of the offsite impact. <br />This assessment may need to be reevaluated during an assessment <br />conference, pending lab results for the water, and any other <br />additional relevant information. <br />FAULT <br />Mine water was actively discharged by the operator. This would <br />appear to be an intentional action. $1000 is assessed for intent. <br />GOOD FAITH <br />There is no evidence of good faith efforts in the file at this <br />time. <br />c:wp51\061395 <br />