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Page 5 August 20, 1998 Mr. Michael B. Long At this time, Thursday, August 6, Mr. Mathews had completed his inspection. Since the culvert- cleaning project had not been completed he issued a NOV with an abatement period of eleven (I 1) additional days. Work to clean out CMP #2 commenced as arrangements were made to replace CMP #4. A sump had been dug and CMP #2 fully cleaned by noon on Thursday. A track-hoe was contracted to start replacing CMP #4 Friday morning. Materials on the storage area overlaying the culvert were moved that Thursday afternoon and evening to allow access. Trenching commenced Friday morning and the crews had the new culvert in place by Saturday noon. Mr. Mathews sited three Sections of the Regulations on the NOV. The first, 4.05.(1)(a) +(c) is improperly identified. It probably was intended to read 4.05.3(1)(a) +(c). This Section pertains to the hydrologic balance aspects of diversions and conveyance of overland flow from small watersheds. The conditions leading to the issuance of the NOV would have little or no adverse impacts relating to the hydrologic water balance. Short-term capacities may have been briefly exceeded in the event of another 10-yeaz 24-hour event. However, adequate safeguards were in place for the short period following the July 27 event to minimize such impacts. The second and third Sections, 4.03.2(4) and 4.03.2(4)(e)(iii) pertain to access road drainage control, design, construction, and maintenance. Basing a NOV on any of these Sections is unwarranted. The design and construction of the culverts were to handle the required peak flows per Section 4.03.2(4). Section 4.03.2(4)(e)(iii) addresses plugging, collapse, and erosion at culvert inlets and outlets. These culverts have only plugged due to runoff events that exceeded their required design capacity. Rule 4, Section 4.03.2(6)(c) specifically allows a practicable period of time to perform maintenance and repair to roads (including associated runoff control structures) damaged by catastrophic events. The culverts in question were fully repaired less than twelve days following the heavy rains of July 27. Four of these days were spent specifically on this project. Consideration must also be given to the fact that these culverts are not the only maintenance items that BME has to attend to. The Deserado Mine covers 10,830 acres plus our crews also maintain over 35 miles of rail line to the Bonanza Power Station. It is not unreasonable that it should take in excess of ten days to fully address all such issues following a catastrophic precipitation event. Appropriate safeguards were in place to minimize adverse impacts until the culverts in question could be cleaned out. Therefore, BME formally requests that Notice of Violation No. C-98-007 be vacated. There were no regulations or permit provisions violated when the broader scope of the operation, the precipitation event that occurred July 27, and Rule 4, Section 4.03.2(6)(c) are considered. Mr. Mathews reaffirmed that a practicable period of time had not been exceeded by allowing an