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Proposed Civil Penalty <br />Foidel Creek Mine <br />NOV CV-2008-006 <br />History <br />There have no enforcement actions at the Foidel Creek Mine during the past twelve <br />months. <br />Seriousness <br />During a routine inspection on December 9, 2008, Ms. Binns observed that TCC had <br />disturbed a clay staging area prior to submittal of a complete and approved revision. <br />TCC had submitted an incomplete revision, MR-233, on December 1, 2008 for a <br />proposed clay staging area. It was called incomplete because there were questions <br />regarding sediment control for the proposed disturbance. <br />An unapproved disturbance did occur. The area in question was small, less than 5 acres, <br />and the duration of unapproved disturbance is estimated at approximately one week. <br />TCC did route the drainage from the newly disturbed area into an existing pond. This <br />represents a low level of seriousness. <br />Fault <br />TCC had submitted, but they had failed to get approval for the construction of the clay <br />staging area in advance of disturbance. Sediment control measures were in place. This <br />represents a low level of negligence. <br />Good Faith <br />The minor revision was approved on December 15, 2008, six days after the NOV was <br />issued. The abatement deadline was December 19, 2008. Although the violation was <br />terminated prior to the abatement deadline, I do not believe it constitutes extraordinary <br />effort. A good faith reduction is not proposed.