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<br /> <br />The provision(s) alleged to have been violated are: <br />1. Disturbance of the prevailing hydrologic balance; 34-32-116 (1) (h) <br />2. Off-site disturbance, i.e.: 34-32-116 (1) (i) (j) <br />a. sedimentation resulting from erosion; <br />b. head cutting at the crest of the reclaimed slope; and, <br />c. cement and asphalt waste washing and falling onto <br />Santa Fe Road; <br />3. Failure to submit the 1985 Annual Report, Map and fees; 34-32-116 (1) (a) <br />4. Failure to submit the 1984 Annual Report and Map; and, 34-32-116 (1) (a) <br />5. Failure to seed the topsoil stockpile as documented in the Reclamation <br />Plan. 34-32-116 (1) (j) <br />The facts constituting the violation are: <br />1. The May 8-9, 1985 inspection of the McKenzie Pit revealed: <br />a. Disturbance of the hydrologic balance, i.e., <br />i. overland flow originating from the processing area was <br />traversing down the northern slope, creating erosional <br />gullies, flowing into, with subsequent sedimentation of the <br />irrigation ditch; <br />ii. overland flow issuing from the broken irrigation pipe <br />traversed down the northern slope creating erosion gullies, <br />flowing into the irrigation ditch, causing sedimentation, <br />as well as transporting oil from the asphalt batch plant <br />leak; <br />b. Off-site damage, i.e., <br />i. irrigation ditch sedimentation resulting from erosion <br />caused by overland flow originating from on-site sources; <br />ii. cement and asphalt waste washing and falling onto Santa Fe <br />Road from deliberate washing of cement trucks over the <br />northern slope, and sloughing of asphalt/cement waste piles <br />deposited along the northern slope crest; <br />2. Review of the Division's file No. M-80-244 revealed; <br />a. failure to submit the 1985 Annual Report, Map and Fees; and, <br />