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5 <br />commitments and requirements and did not "irreversibly compromise" the stream buffer or <br />riparian area. <br />In compliance with the regulations and permit commitments, the road was designed and was being <br />constructed while controlling erosion and siltation, ensuring that the road alignment did not cause <br />environmental damage. It was not designed and constructed to relocate a drainageway, block the <br />drainage, or to cause significant damage to the hydrologic balance. As evidenced by data <br />available at the time and to date, the failure was not due to faulty, non-specification design nor <br />construction techniques, but rather an undetected and unknown foundation condition. The fact is <br />that sediment and drainage control measures were in place and the road was designed and was <br />being constructed in compliance with Rules 4.03.1(1)(a), 4.03.1(2)(b), 4.03.1(3)(b), <br />4.03.1(4)(a)(i), and the duplicate 4.03.2 Rules. <br />For the above reasons, MCC respectfully requests that this NOV be vacated. <br />NOV CV-97-010 <br />This violation was issued as a result of an aerial inspection on July 15th that allegedly showed <br />construction activities on the cut slope of the materials storage bench (MSB) that MCC had <br />verbally agreed to stop, and cited the violation of Rules 2.08.4(3) and 2.08.4(4) for MCC's ... <br />"failure to obtain regulatory approval for mine site construction activities, including <br />significant excavation of previously undisturbed areas, prior to initiating construction." <br />The inspection report alleges that the Division directed MCC to stop further excavation or <br />construction, and that MCC representatives had indicated that a minor revision for this project <br />would be submitted the following day (July 11th). MCC believes that this violation is clearly a <br />result of miscommunication and misinterpretation. The inspection report states that aerial photos <br />from Mav, not the previous (July 10th) inspection, were compared to the July 15th inspection <br />aerial photos revealing that construction had occurred in that time frame. MCC admits that <br />emergency construction work to lay back the slope and remove soil weight from above an open <br />landslide scarp on the MSB cut slope had occurred as part of the emergency mine site slope <br />stability work underway, as directed by the Division in MCC's May inspection report. This open <br />scarp extended through an undisturbed azea to the west of the existing cut. As is prudent (and <br />required by regulation), MCC stripped vegetation and removed topsoil prior to conducting any <br />other earthwork. The topsoil salvage work began June 2nd. MCC had contacted the Division in <br />April when landslide activity accelerated and seriously threatened the current mine facilities. <br />MCC and the Division verbally agreed at that time that MCC would follow-up with "as-bunts" of <br />the various emergency stability repairs and control measures. At that time, MCC was not made <br />aware of any limitations to this work. This slide activity continues, though at a lesser rate, as <br />does the necessary repairs and construction. <br />MCC admits that equipment was being utilized along the base of the MSB cut slope on July 15th, <br />but was not working on the cut slope excavation nor slide repair construction, as evidenced by the <br />absence of any equipment on the cut slope. MCC was merely conducting maintenance work at <br />the base of the slope to remove subsoil that had previously been pushed and windrowed in piles <br />