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• ! <br />Diane Delaney - 2 - April 14, 1992 <br />Mid-Continent Resources <br />The Division, following these discussions, then discussed the matter of the <br />possible violations, cease and desist orders, and civil penalties for these <br />items. <br />The first possible violation, namely the failure to erect signs and markers, <br />was discussed. AS these were erected by April 10, 1992, and as their absence <br />did not contribute to any undue health and safety hazard or environmental <br />impact, the Division agreed to recommend to the Board at the April 22-23, 1992 <br />meeting that this possible violation be dropped. <br />The second possible violation, namely the failure to minimize impact to the <br />hydrologic balance by placing fill in a drainage without a culvert, was then <br />discussed. Because, according to Mid-Continent Resources, a portion of this <br />fill is a natural rock ledge and because a plan for construction of an upland <br />diversion above the fill will be submitted, the Division agreed to recommend <br />to the Board that a substantial portion of the civil penalty be suspended, <br />said suspended portion to be assessed only if the upland diversions are not <br />installed by May 29, 1992. <br />The third possibie violation, namely the failure to protect areas outside of <br />the affected land from slides, was discussed. Because of Mid-Continent's <br />willingness to begin addressing the problem this month, and because of the <br />commitment to reclaim the off-site disturbance by November 2, 1992, the <br />Division agreed that it would recommend a substantial portion of the proposed <br />civil penalty be suspended, said suspended portion to be assessed if the <br />corrective actions to regrade the stockpile benches, install a second <br />diversion ditch and culvert, and reclaim the channel disturbance were not <br />implemented by the dates agreed upon. <br />We look forward to reviewing the forthcoming hydrologic designs and proposed <br />reclamation plans. Please contact us for any assistance we may provide. <br />Sincerely, <br />(, - C_:. <br />~~~LI~GCj~ ~~~~Z~Cic.LcG~ <br />Daniel I. Hernandez <br />Senior Reclamation Specialist <br />DIH/bjw <br />cc: Berhan Keffelew, MLRD <br />Carl Mount, MLRD <br />2559E <br />