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• n <br /> <br />Resources, concerning all of its exploration activities <br />there. SEI has cooperated fully with each of these agencies, <br />and it believes that it has conducted its exploration oper- <br />ations in compliance with all applicable federal and state <br />statutes and regulations. At no time prior to the issuance <br />of Notice of Violation No. 79-V-1-12 was SEI advised by the <br />OSDI or the USGS that the USGS-approved exploration plan for <br />McClane Canyon was no longer valid, or that SEI's activities <br />at McClane Canyon were considered to be a mining operation. <br />The USGS and the BLM have continually treated SEI's 41cClane <br />Canyon operation as an exploration operation. On the date <br />that Notice of Violation No. 79-V-1-12 was issued and sub- <br />sequently, the USGS considered and continues to consider <br />SEI's McClane Canyon operation to be an exploration opera- <br />tion conducted in compliance with an approved exploration <br />plan. . <br />4. The USGS-approved exploration plan for McClane <br />Canyon contains the following environmental and reclamation <br />performance standards designed to minimize and control the <br />types of adverse environmental impacts alleged in Notice of <br />Violation No. 79-V-1-12: <br />a. Alleged Violation tdo. 2. Sedimen- <br />tation controls which would comply with many <br />of the design criteria required for mining <br />operations by 30 CFR, ~ 717.17. SEI's sed- <br />imentation controls include a sedimentation <br />basin. <br />b. Alleged Violation ilo. 3. A road <br />construction and maintenance plan which would <br />comply with the requirements of the SMCRA, <br />including sedimentation control <br />c. Alleged Violation No. 5. A mainte- <br />nance plan for the diversion ditch, including <br />stabilization of the sides of the ditch. <br />-3- <br />