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<br />U. S. Department of the Interior <br />June 1, 1979 <br />Page 7 <br />C~ <br />been planned, and now that soil conditions permit opera- <br />tions, are being constructed to divert flow from the <br />disturbed area of the stockpile into this pond. <br />Drainage ditches in the area of the original <br />stockpiles associated with mine area no. 2 are now cleaned <br />and/or recut, so as to divert all surface water from the <br />disturbed areas of the stockpiles to the approved sedimenta- <br />tion pond, which is under construction in the backfill of <br />cut no. 1 in mine area no. 2. <br />The operator's ability to deal with potential <br />pollution from the stockpiles in the two mining areas was <br />severely limited due to the onset and duration of winter <br />weather. Approved ditch networks are now largely completed. <br />As with other areas discussed, there has been no damage <br />to the public since all activities are clearly within the <br />mine permit area. Environmental damage has been nominal <br />or nonexistent, since there has been no appreciable <br />contribution of suspended solids to the downstream drainage <br />of the area. Now that appropriate plans have been implemented <br />(in part, under the direction of the regulatory authority), <br />and the weather permits construction of the drainage and <br />diversion network, there is little probablity of a recurrence <br />of conditions which would permit pollution of nondisturbed <br />areas by surface flow from disturbed areas. <br />D. Violation No. 4. <br />During the course of his inspection, the inspector <br />reviewed the. grade of portions of the haul and/or access <br />roads to mine areas 1 and 2. By use of a hand level, the <br />inspector apparently determined there were portions of <br />the roads which he believed to be in excess of the grade. <br />standards set forth in 30 CFR 715.17(1)(2). Specific <br />areas are not identified in the notice of violation. The <br />operator believes that it took reasonable precautions to <br />stay within the regulatory guidelines during construction <br />of the access/haul roads. Even so, the operator has <br />retained a surveyor to reshoot all grades in the areas <br />inspected by the authorized representative of the Secretary <br />and to appropriately plot them. Maps will be submitted to <br />the regulatory authority. Any deviations from the require- <br />ments set forth in the Interim Regulations will be closely <br />al Ca 11V: 1, L'11C lIIapel:LOr ODSerVea LnaL outlets Or two I'~ ~~ ~~ <br />under-road culverts were obstructed by fill-bank material. <br />The operator believes that these culvert outlets <br />were open when last viewed by the operator in the early <br />part of the week. Apparently, the outlets were obstructed <br />by an unforeseen sloughing of the road-fill material. <br />While there was some water flowing through the <br />northerly culvert pipe, the flow of water was directly into <br />a holding pond, so there is no contribution of suspended <br />solids to the downstream drainage area. The culvert nearest <br />the curve (more to the south) is an overflow, discharge <br />culvert from an approved holding area. At the time of the <br />inspector's observations (and up to correction by the <br />operator), no water was passing or had passed through that <br />culvert. <br />Both culvert outlets were cleared by the operator <br />on May 26, 1979. Sandstone headwalls were constructed <br />to prevent obstruction of the culvert in the event of further <br />sloughing of the fill. Both culverts are within the mine <br />permit area. No environmental damage followed from their <br />obstruction prior to correction by the operator. It•would <br />appear that the sloughing of the fill was a fortuitous <br />event, which did not result in any contribution of suspended <br />solids or other pollutants. <br />CONCLUSIONS <br />The operator has sought to construct and operate the <br />mine areas and access areas servicing those mines within <br />the requirements of the mine permit issued by the regulatory <br />authority and the Interim Regulations. The operator has <br />promptly made maximum good faith efforts toward compliance <br />