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ATTACHMENT TO NOTICE OF VIOLATION <br />CV-2007-003 <br />NATURE OF VIOLATION: <br />Failure to design, construct, and maintain appropriate sediment control measures to: a) <br />prevent, to the extent possible, additional contributions of sediment to streamflow or to <br />mnoff outside the permit azea; b) meet the applicable State or Federal effluent <br />limitations; and c) minimize erosion as necessazy to provide protection for topsoil, <br />vegetation, and the hydrologic balance. <br />Specifically, five silt fence sediment control structures at the reclaimed Munger mine <br />bench area had been undercut or knocked over and over-topped by mnoff resulting from <br />a rain storm that had occurred prior to the inspection on August 16. Minor erosion and <br />sedimentation resulted; the structures had not been repaired and were non-functional at <br />the time of the inspection. <br />ACT, REGULATION, OR PERMIT PROVISIONS VIOLATED: <br />REGULATION SECTIONS 4.05.1(1); 4.05.2(1); 4.05.2(81: 4.05.5(1)(a), (b), and (cl <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />The NOV applies to the Munger Mine bench area that was regraded, topsoiled, and <br />seeded with a temporary cover crop in June and early July 2007. The area is depicted on <br />map Figure 3.1-7 "Reclaimed Configuration", and a diagram on Appendix M(viii), page <br />M(viii)-1 iv, titled "Drainage Areas for SAE #1 and #2". The Division had granted a <br />variance from the sediment pond requirement for the reclaimed bench area, due to the <br />small contributing area (less than 7 acres), and difficult access. The variance is known as <br />a Small Area Exemption (SAE). Alternative sediment control measures were required by <br />the approved plan, to ensure that runoff from the area would not exceed the applicable <br />settleable solids limit (0.5 ml/1), <br />The small area exemption control measures consisted of berms constructed along the <br />lower (northern) boundary of the graded slopes, and along either side of a permanent <br />drainage channel (Channel "H") constructed through the graded area. Silt fence <br />segments were installed across berm breaks at low points along the berms. Figure 3.1-7 <br />depicts the reclaimed topography, along with detail of Channel "H", and associated <br />berms along the sides of the channel. The Appendix M(viii) diagram shows the same <br />area and adjacent areas at a smaller scale. The diagram depicts two primary SAE areas, <br />SAE#1 located east of Channel "H" and SAE#2 located west of Channel "H". The <br />diagram depicts the lower containment bemr, along with silt fences in two locations along <br />