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<br />NOV C-97-009 <br />Mountain Coal Company <br />This NOV was issued for failure to prevent damage to a stream channel and surrounding property <br />as a result of not constructing a haul road in a sufficiently stable manne ,and failure to adhere to <br />permit requirements related to a vaziance for disturbance in a stream buffer zone. <br />FAULT <br />No NOV's have been issued at this mine during the past twelve months. No penalty is assessed <br />for history. <br />SERIOUSNESS <br />It appears that the foundation of an azea where a road fill embankment was constructed, and the <br />fill embankment have moved in such a manner as to impact the Sylvester Gulch drainage. The <br />immediate impact to the creek appeazs to be of a limited extent. A short section of the stream <br />channel has been altered or destroyed. However, the potential for very significant volumes of <br />foundation material and/or fill embankment material to directly impact and, possibly impound <br />the creek has certainly increased as a result of the mass movements which have occurred. The <br />potential damage which could result from such an occurrence is significant. $1250 is assessed for <br />significance. <br />FAULT <br />Judging from the available information, it appears that the operator followed the construction <br />plans in the approved permit for widening the section of the Sylvester Gulch Road where this <br />slope failure occurred. The fact that a failure occurred indicates that the area was less stable <br />than information in the permit indicated. At some level, more thorough geotechnical analysis <br />would have detected the instability which led to the slope failure. It was appazently the opinion <br />of an engineering geologist on the Division staff that the indications of instability in this area <br />were "easy to miss". Therefore, only a low level of negligence on the operator's part is apparent. <br />$250 is assessed for negligence. <br />GOOD FAITH <br />This NOV has not yet been abated. Therefore, good faith is not relevant at this time. <br />