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<br />IV. ENFORCEMENT ACTIONS <br /> <br />The following identifies enforcement actions taken during this inspection, the required abatement <br />and date of abatement for the violation, previous violations still requiring abatement and the <br />termination of violations cited during previous inspections. <br />Notice of Violation C-97-008 has been issued as a result of the observations documented in <br />Section IIT of this report, regarding light-use road berm materials being deposited in the Sylvester <br />Gulch stream. Detailed observations leading to the issuance of this violation were made on July <br />9, 1997 and July 10, 1997. Specifically, Notice of Violation C-97-008 is issued for: the <br />operator's failure to design, consttuct or reconstruct, and maintain light-use roads to control or <br />prevent erosion and siltation as evidenced from the damaged silt fencing and addition of silt and <br />construction materials to the stream in Sylvester Gulch; failure to prevent additional contributions <br />of suspended solids and sediment to streamflow; locating road berm construction materials in the <br />channel of an intermittent or perennial stream; failure to locate light-use roads to minimize down- <br />stream sedimentation; alteration of natural-channel drainageways for the purpose of light-use road <br />construction; failure to minimize disturbance of the prevailing hydrologic balance; failure to <br />minimize erosion as necessary to provide protection for the hydrologic balance; and failure to <br />segregate topsoil and subsoils from other material as evidenced by the placement of road berms <br />on top of vegetated areas along the Sylvester Gulch stream channel. <br />On July 9, 1997, and upon notification by Mr. Boulay that a violation had occurred, Mr. Barbe <br />and Ms. Johnston initiated mitigation efforts to remediate the situation which caused road berm <br />material to be deposited in the stream channel of Sylvester Gulch. <br />Due to the placement of berm construction materials directly on top of the vegetated are along <br />a portion of Sylvester Gulch, it will be very difficult to recover and segregate the underlying <br />topsoil and subsoil resources. Abatement measures to recover these resources may not be <br />feasible. <br />Notice of Violation C-97-009 has been issued as a result of the observations documented in <br />Section III of this report, regarding slope failure of the main hauUaccess road being constructed <br />as part of the Sylvester Gulch Facilities. Detailed observations leading to the issuance of this <br />violation were made on July 9, 1997 and July 10, 1997. Specifically, Notice of Violation C-97- <br />009 is issued for: the operator's failure to construct the Sylvester Gulch HauVAccess road in a <br />sufficiently stable manner to prevent damage to the Sylvester Gulch stream channel; failure to <br />adhere to permitting commitments and requirements made in accordance with the Sylvester Gulch <br />Stream Buffer Zone vaziance approval, and failure to conduct road construction in a sufficiently <br />stable manner to prevent damage to surrounding property. <br />NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS <br />Revised 2/97 <br />m9coehahara\f arms\6101 <br />