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Mr. Sandra Brown <br />Division of Declamation, Mining and Safety <br />Page 3 <br />• Prevent damage to public orprivate properly [4.03.3(1)(aJJ <br />Again this area is within an approved minimal disturbance boundary and no damage was done to public or private <br />property outside of the disturbance or permit boundary. <br />Additional questions and points of concern: <br />This Slide #3 is a Eairly minor event. The Slide #2 to the north of this location was not issued a citation. There <br />seems to be an inconsistent manner in which violations aze issued. <br />• The area of the violation is within an azea approved for emergenry disturbance to xemediate erosion between the <br />disturbed mining azea and sediment control stmcttues downstream. <br />• The remediadon required by the Division (I'R-55) involved reconfiguration of the watershed and the construction <br />of channel PM-4C which caused this current Slide #3. The designed and reconfigured channel (PM-4D) through <br />slide azea #2, lined with TRM, is more than sufficient to handle the runoff from a 10 yeaz/24 hour storm event in <br />the small associated watershed. <br />SCC can not control Mother Nature. In the azea of the II-W, where the topography consists of steeply dipping westerly <br />slopes and adversely steep eroded easterly slopes, which cut through the geologic bedding, it is impossible to guarantee <br />infinite stability when dealing with melting snow or isolated high intensity rain storms <br />In summary, SCC adamantly believes that this slide was an ongoing result of the original situation beginning in the <br />winter of 2001. The eazlier efforts mandated by the Division and developed to stabilize this overall azea led to this <br />latest problem by shifting the azea of snow accumulation and subsequent runoff. Therefore, SCC requests that the <br />Division examine this NOV in light of these Eacts and reconsider issuance. At the very least, please consider amending <br />the following abatement steps: <br />Abatement Step Z No later than Mav 15.1007. perform grading and maintenance to rertore light ure road ditching and Channel PM- <br />4C, ar necerrary to divert upland drainage away from the Aide location and into Channel PM-4, in the immediate vicinity of the Culvert <br />PM-10 inlet <br />• This Abatement Step has been completed as of May 16, 2007, even though the ditches were in operable <br />condition once the snow and ice melted. These maintenance efforts continue as part of the ongoing <br />maintenance associated with rill and gully remediation. <br />SCC will continue to remediate this area to achieve stability in conjunction with the Rill and Gully plan. <br />Abatement Step Z.• No later than tune 1.1007, submit a complete technical or minor revirion application (ar appropriate), addrerring <br />planr for repair of the damage caused by the Aide and erosion dercrzbed In adda7ion, include in the plan any modificationr to the approved <br />topography or drainage plan to ensure that rapid from deep rnow accumulations uprlope from the Aide area will be safely rllverYerl, to <br />minimize the potential for future slippage ar erosion related to rnow melt, in the came or adjacent areas along the ridgeline. <br />SCC can not control Mother Nature. In the area of the II-W, where the topography consists of steeply <br />dipping westerly slopes and adversely steep eroded easterly slopes that cut through the geologic bedding, <br />it ie impossible to guazantee infinite stability when dealing wilt melting snow or isolated high intensity <br />rain smrms. <br />