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without lids. -The Division found that the Operator was not maintaining the pit <br />walls at forty -five degrees (45 °) or flatter. The Division observed that stormwater <br />ditches were partially blocked. During the inspection, the Division advised the <br />Operator to reestablish Ditch No. 2 to function properly as a stormwater diversion <br />channel. Ditches No. 1 and 2 are stormwater ditches and have not been approved <br />for use as conveyance ditches. <br />5. On July 21, 2014, the Division sent the Operator a copy of the July 10, <br />2014 inspection report. <br />6. On July 29, 2014, the Operator requested an extension of the <br />corrective action date for the outstanding issues cited in the inspection report. The <br />Division approved the Operator's request for an extension of the corrective action <br />deadline on July 30, 2014. <br />7. On August 15, 2014, the Operator notified the Division that the <br />problems cited in the July 10, 2014 inspection report were still outstanding, but <br />that the Operator was working to bring the site into compliance. <br />8. On September 8, 2014, the Division inspected the site. Michael Pfister <br />of Golden Cross Aggregate attended the inspection. The Division found that the pit <br />walls were nearly vertical and had not been reduced to forty -five degrees (450) or <br />flatter, topsoil was not being salvaged, and water was being conveyed into the pit <br />from Sacramento Creek through Ditch No. 1, not through a 6" diameter PVC pipe as <br />required by Amendment No. 2. <br />9. On September 24, 2014, the Division mailed the Operator a copy of the <br />September 8, 2014 inspection report; a Reason to Believe a Violation Exists letter <br />for failing to comply with the conditions of an order, permit, or regulation and <br />failing to remove and segregate topsoil from other soil; and a cease and desist order. <br />10. The September 24, 2014 cease and desist order states, among other things: <br />The Division has determined that mining activities at the [Gloria Z Mine] have <br />created pitwall slopes that are steeper than the maximum 45 degrees allowed <br />in the approved permit and is a possible violation of a permit condition <br />pursuant to Section 34- 32.5 -124 of the Act. The pitwall slopes result in a <br />suspected immediate and undue risk of serious harm to persons, property or <br />the environment, and, therefore, have created an emergency. To allow the <br />Division time to further inspect the site, evaluate the risk, and evaluate a <br />reclamation plan, the Division orders Sanborn Sand and Gravel, d/b /a Golden <br />Cross Aggregate and its associates to immediately cease and desist all mining <br />operations in the pit on the [Gloria Z Mine] site, with the exception of <br />reconstructing pitwalls to comply with the maximum allowed slope. <br />Sanborn Sand and Gravel, d/b /a Golden Cross Aggregate <br />Gloria Z. Mine, M- 1984 -094 <br />MV- 2014 -037 2 <br />