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<br />NOV CV-99-003 <br />Foidel Creek Mine <br /> <br />This NOV was issued for failure to prevent violation of federal water quality <br />effluent limitations and failure to pass mine discharge water through a required <br />treatment system prior to leaving the permit area. <br />HISTORY <br />No NOV's have been issued at this mine during the past twelve months. No <br />penalty is assessed for history. <br />SERIOUSNESS <br />An undetermined volume of water left the permit area and entered a flowing <br />stream nearby on two occasions. This water had bypassed the treatment system <br />required to bring the discharge into compliance with effluent limits in the mine's <br />discharge permit and thereby, in accordance with the mine's DMG permit. The <br />untreated water had iron and suspended solids in excess of permit limitations. <br />Therefore, the waters of Fish Creek beyond the permit area were impacted to a <br />greater extent than anticipated in the mine's permit. $1250 is assessed for a <br />significant level of seriousness since an off site impact occurred to the waters of <br />a perennial stream. <br />FAULT <br />The operator apparently made diligent efforts to repair the mine water discharge <br />system soon after problems were detected. Problems with the system occurred <br />in three different forms in a matter of weeks. However, these problems were not <br />unavoidable. Some degree of negligence appears evident in either the failure of <br />the system's design to prevent the problems which occurred and/or the failure to <br />prevent a reoccurrence of the untreated discharge after it had occurred once. <br />,~50'is assessed for a moderate degree of negligence. <br />~~ <br />GOOD FAITH <br />The NOV has not yet been abated and terminated. Therefore, consideration of <br />credit for good faith is not relevant at this time. <br />