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2015-04-20_ENFORCEMENT - M2004031
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2015-04-20_ENFORCEMENT - M2004031
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Last modified
8/24/2016 5:59:25 PM
Creation date
4/20/2015 11:48:30 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2004031
IBM Index Class Name
ENFORCEMENT
Doc Date
4/20/2015
Doc Name
Finding of Fact, Conclusions of Law and Order
From
DRMS
To
Aggregate Industries- WCR, Inc
Email Name
TOD
AJW
TAK
WHE
Media Type
D
Archive
No
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required the Operator to implement corrective action by, within sixty (60) days, <br />submitting to the Division a plan (in the form of a Technical Revision) to "provide a <br />means of conveyance around the pit, outside the slurry wall, that will maintain the <br />ground water table at a level that will prevent water table rises and <br />saturation/inundation of the upgradient ground." The October 5, 2011 inspection <br />report required the Operator to complete the plan within ninety (90) days of the <br />Division's approval of the plan. The October 5, 2011 inspection report also required <br />the Operator to, by April 1, 2012, implement weed control measures and provide <br />proof that such measures have been implemented. f <br />11. On May 4, 2012, the Operator submitted Technical Revision 1 ( "TR -01 ") <br />to the Division. The Division approved TR -01 on January 1, 2013. <br />12. On May 15, 2012 and May 30, 2013, the Division inspected the <br />Hazeltine Mine and observed the Complainant Property. During the inspections, the <br />Division found saturated conditions on the Complainant Property caused by <br />groundwater mounding. The Operator disputed causation4and asserted that surface <br />water was the major cause. i <br />13. The Operator submitted Technical Revision 2' ( "TR -02 ") to the Division <br />on May 1, 2013. TR -02, which superseded TR -01, incorporated installation of an <br />Agridrain, a permanent surface water control structure that the Operator proposed <br />would lower the water level near the Complainant Property to an elevation of <br />5,038.59 feet. The Division approved TR -02 on July 1, 2013. The Agridrain was <br />installed at a location north of the Complainant Property, through the slurry wall <br />and into the Hazeltine Mine pit. Construction of the Agridrain was completed in or <br />about fall 2013. <br />14. On or about March 19, 2014, the Division received a complaint by <br />telephone fiom Mr. Orr, alleging that the Complainant Property continued to <br />be flooded. <br />15. On March 27, 2014, the Division inspected the Hazeltine Mine and <br />observed the Complainant Property as a follow -up to Mr. Orr's complaints. Connie <br />Davis, representing the Operator, and the Operator's contractor, Nick Silbaugh, . <br />attended the inspection. Mr. Orr attended the majority of the inspection; Stevan <br />O'Brian, of Environment, Inc., representing Mr. Orr, attended the inspection. At the <br />Complainant Property, the Division observed that the land surface was wet, that <br />portions of the Complainant Property were supporting by drophytic vegetation, and <br />that the northwest corner of the Complainant Property, the lowest point of the <br />ro er <br />p p ty, was submerged. The Division estimated that other portions of the <br />Complainant Property were covered by up to two '(2) feet of water. At the Hazeltine <br />Aggregate Industries — WCR, Inc. <br />M- 2004 -031 <br />MV- 2015 -003 : <br />3 <br />
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