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•~ !~ ' <br />these measures were effective in controlling <br />sedimentation. [however, the sedimentation <br />basin was only partially intact at the time <br />of the inspection, and a violation was issued <br />without consideration of the environmental <br />protection gains resulting from the modified <br />sedimentation basin or the effective measures <br />SEI had undertaken to control sedimentation <br />during the brief period of the basin's mod- <br />ification. There has been no showing that <br />there was environmental harm at the time of <br />Inspector Ehmett's visit to McClane Canyon. <br />c. Alleged Violation vo. 3. At the <br />time of Inspector Ehmett's visit to McClane <br />Canyon, the previously-existing access road <br />was being improved and extended. The road <br />design employed criteria and construction <br />techniques developed by a registered pro- <br />fessional engineer. On May 9, 1979, only <br />the subgrade road material had been placed <br />and compacted. Completion of the road im- <br />provement and construction had been neces- <br />sarily delayed since December, 1978, because <br />of the harsh winter and heavy spring rains. <br />SEI employed measures to control sedimen- <br />tation problems which might be created by <br />the delayed road improvement and construc- <br />tion schedule, including the placement of <br />straw dikes and sedimentation basins at <br />strategic locations to absorb sedimentation. <br />There has been no showing that there was <br />environmental harm at the time of Inspector <br />Ehmett's visit to McClane Canyon. <br />-5- <br />