2016-02-16_REVISION - M2004031 - Laserfiche WebLink

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Paee 2 They should have thought about that when they were designing the new Bull Seep channel, the slurry wall and their wetland area. Attached is a table showing a list of the most important dates when items were submitted to or by Aggregate Industries from when I sent them the first letter suggesting we get together and discuss the problem in an attempt to resolve it before the Division of Reclamation Mining and Safety was brought into it. The following information is a recap with dates and times included, for easier reference. After sending them the letter on 3/31/11, our next attempt was made when Lisa DelVescovo and I meet with Mr. Refer in early July 2011 to discuss the problem. I told him that I did not want to hire more consultants to build a case against them, which left me with going to the Board for relief. He said I should do whatever I needed to do. So I was finally forced to file a complaint with the-Division on 9/14/11 (167 days later). On 10/5/2011 the Division inspected the site and determined there were 2 Possible Violations, one for disturbing the Hydrologic Balance and one for disturbing areas outside the permit area and told Al to file a groundwater mounding mitigation plan within 60 days. It took them another 233 days to file their first of five Technical Revisions. TRO1 was approved 257 days later (1/16/13) after Aggregate Industries asked for 6 extensions and the plans were never implemented. Total time from first Equity Funding notice was 657 days. Technical Revision 02 was filed on 5/1/2013 (131 days after TO1 was approved). Sixty-one (61) days later TR02 was approved after 2 extensions. But 2 days later Aggregate Industries asked for an extension on installation of the drain pipe. That extension request was never approved. Total time from first our notice was 825 days. Technical Revision 03 was filed on 5/15/14 after Mr. O'Donnell did the fourth inspection of the site on 3/24/14 (318 days after TR02 was approved). He noted they were still in violation of the Rules listed in the original inspection on 10/5/2011. Total time from first notice was 1,141 days. TR03 was approved on 6/16/14 to require monthly monitoring and installation of a screen to keep the TR02 pipe from clogging. Inspection #6 was done on 10/31/14 to review status of groundwater mitigation and offsite disturbance issues raised in the 10/5/2011 inspection. After 137 days it did not appear TR03 was working or making significant changes. Aggregate Industries was given until 11/25/14 to submit a groundwater mounding mitigation plan. Total time from first notice from Equity Funding was 1310 days. On 11/25/14 Aggregate Industries asked for a 35-day extension saying they were talking with us, we were never contacted. On 12/30/15 they asked for 30 days till 1/31/15 same excuse, same actions no contact made and extended till 2/2/15. Total time from first notice by Equity Funding to this request was 1,370 days. The Division sends a Notice of Violation on 3/3/15 to Aggregate Industries for not mitigating the groundwater mounding problem. On 3/18/15 Board orders Aggregate Industries to submit a Technical Revision for a temporary mitigation plan within 30 days (5/20/15) and a permanent approvable plan within 90 days (7/20/15). Aggregate Industries files TR04 on 5/21/15 (1 day after board ordered)on 6/15/15. TR04 is approved and Al has till 6/20/15 to start work. Total time from first Equity Funding notice was 1,537 days. On 7/20/17 TR05 is submitted as permanent plan. It is essentially TR04 reworded, Divisions denies TR05 on 7/20/15 saying it should be an Amendment since it is a major change to the reclamation plan and Aggregate Industries asks for a determination ruling from the Board. Eighty-six(86)days later the MLRB determines it should be an Amendment and gives Aggregate Industries till