ENFORCE32922

• Permit No: C1982057
• IBM Index Class Name: Enforcement
• Doc Date: 5/2/2002
• Doc Name: ‎(Memo)‎ Pattern of Violations Review
• From: David Berry
• To: Michael Long
• Violation No.: CV2001012
• Media Type: D
• Archive: No

T'
David Berry
December 17, 2001
Page 2
an adjacent undisturbed area. SCC was mining along the ridge in a narrow "neck" pit
azea. There was little operating room and wet spoil material slid onto an adjacent
undisturbed area where topsoil had not been salvaged. The NOV was abated and
terminated on June 29, 2000. SCC paid the $1500 civil penalty.
NOV CV-2000-007 was issued on October 2, 2000 for "failure to complete construction
of pond 016 prior to disturbance of the upstream undisturbed azea". The rule cited in the
violation was 4.06.1(a). SCC salvaged topsoil on approximately 4 acres prior to
completion of the pond below. The pond had been mostly constructed although the
emergency spillway was not completed. The primazy spillway was in place and there
was no off-site damage resulting from this NOV. The NOV was abated and terminated
on November 1, 2000. SCC paid the $800.00 civil penalty.
NOV CV-2001-002 was issued on January 30, 2001 for "failure to salvage topsoil, retain
sediment and failure to keep blast material 'off undisturbed azea". The rules cited in the
violation' were 4.05.5(2)(c) and 4.06.1. Flyrock from the neck pit was cast onto an
adjacent undisturbed area. Approximately four acres of undisturbed ground were
impacted. The location of this violation occurred south of where NOV-CV-2000-005
occurred. The abatement deadline was extended beyond 90 days so that mitigation
measures could be implemented while the hillslope was dry and accessible, and to allow
for seeding during the normal planting season. The NOV was abated and terminated on
September 25, 2001. The penalty of $1,850.00 was paid.
NOV CV-2001-012 was issued on May 3Q 2001 for "failure to maintain a buffer zone
between disturbed and undisturbed areas,,failure to salvage topsoil prior to disturbance
and failure to retain sediment within disturbed areas". The Rules cited in the violation
aze 4.05.5(2)(c) and 4.06.1. Additional spoil material has fallen into the disturbance azea
associated with NOV CV-2001-002. Also in several locations spoil material has
encroached beyond the topsoil recovery line along the ridgeline associated with the
current mining azea. All necessary abatement steps have been completed and the NOV
was terminated on August 31, 2001. SCC paid the $1,550.00 civil penalty.
Three of these violations, CV-2000-005 and CV-2001-002, and CV-2001-012 are similar
in nature and were cited for related requirements of the Rules. All three NOV's occurred
in the neck pit area where SCC has little operating room. They are mining three short
pits along the ridge and they are having to double or triple handle spoil material because
of the space limitations. In all cases spoil material ended up on the steep hillslope below
the ridgeline. In the case of NOV-CV-2000-005, wet spoil material slid downslope
knocking over several aspen trees. The extent of disturbance was approximately 0.25
acre. In the case of NOV CV-2001-002, large pieces of flyrock were thrown onto the
adjacent hillslope covering an azea of approximately 1.3 acres.
SCC was not assessed for intentional conduct on any of these violations, nor do I believe
they intentionally or willfully caused these violations. However, mine-operating
conditions aze extremely tight in the neck pit area and SCC did not allow sufficient buffer