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Jim McArdle <br />August 12, 2004 <br />Page 2 <br />Rule 4.05.5(1)(c) and 4.05.5(2) -Sediment Control Measures <br />Appropriate sediment control measures shall be designed; constructed, and maintained using the best <br />technology currently available to: <br />Minimize erosion as necessary to provide protection for topsoil, vegetation, fish and wildlife, and the <br />hydrologic balance. <br />...Sediment control methods include but aze not limited to: <br />Retaining sediment within disturbed areas, <br />Diverting runoff using protected channels or pipes through disturbed azeas so as not to cause <br />additional erosion, and <br />Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other <br />measures that reduce overland flow velocity, reduce runoff volume, or trap sediment. <br />Summary of Violation <br />NOV CV-2004-002 was specifically issued for: failure to construct and maintain appropriate <br />sediment control measures to minimize erosion; failure to retain sediment within disturbed azeas; <br />failure to divert runoff using protected channels; failure to implement measures that reduce <br />overland flow velocity and runoff volume; and failure to maintain drainage control structures and <br />failure to maintain culverts to safely pass the 10-yeaz, 24-hour precipitation event. <br />The mitigation measures include: repairing the gully and erosion from Culvert YB-6 to Pond 010 <br />and providing protection from future erosion in the undisturbed azea, and repair erosion and <br />replace riprap below outfalls of Culverts YB-6 and EX-4 and clean sediment and debris from <br />Culverts YB-6 and YB-1. SCC has not yet completed the required abatement measures for this <br />violation. The time for abatement is on or before September 28, 2004. The Division proposes to <br />assess a civil penalty against 5CC in the amount of $2,650. SCC s' request for an assessment or <br />settlement conference was received by the Division on August 2, 2004. <br />This memo provides the background information you will need to act as the assessment officer. I <br />have attached copies of the violation, inspection reports, proposed civil penalty assessment, and <br />photographs of the violation area. Please let me know if you have any questions, or require <br />additional information. <br />c: Sandy Brown <br />