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Sandy Brown October 29, 2004 Page 2 In accordance with Rule 5.03.3(2)(b), the Administrator is required to review the history of violations of any permittee who has been cited for violations of the Act, the DMG Rules, or the permit during three or more inspections of the permit azea within any twelve-month period to determine if a pattern exists. A detailed discussion of each violation follows. History of Recent Violations NOV CV-2003-006 was issued on July 21, 2003 for the North Pit azea, post mine drainage channels proposed but not constructed in the North Pit, and for significant erosion and gully formation in the undisturbed azea immediately below and to the east of the North Pit. This citation was specifically issued for the following reasons: • Failure to protect topsoil from water erosion during redistribution and before and after it is seeded and planted [Rule 4.06.4(2)(d)]; • Failure to construct and maintain appropriate sediment control measures to: minimize erosion to provide protection for topsoil, vegetation, and the hydrologic balance [Rule 4.05.5(1)]; and Failure to retain sediment within disturbed areas; failure to divert runoff using protected channels so as not to cause additional erosion; and failure to implement measures that reduce overland flow velocity, reduce runoff volume, or trap sediment [Rule 4.05.5(2)]. Mitigation measures included repairing rills and gullies that formed in the North Pit, and redistributing topsoil and seeding the North Pit in accordance with the approved reclamation schedule, cleaning Pond 011, constructing post mine channels YPM-9 and YPM-10, and providing a design and plan for repairing the gully/erosion east of the North Pit. SCC submitted a technical revision on October 08, 2003 presenting a plan to control runoff and erosion east of the North Pit. The plan includes a new sediment pond (Pond O11A) and new post-mine channel (YPM-12) located between the North Pit and Pond 011. SCC also repaired the rills and gullies in the North Pit and completed topsoil redistribution and seeding. However, SCC failed to complete construction of post mine channels YPM-9 and YPM-10 and failed to clean Pond 011 by the abatement deadline of October 20, 2003. Cessation Order CO-2003-011 was issued on October 22, 2003 for failure to clean Pond 011 and failure to install post mine channels YPM-9 and YPM-10 (Abatement Steps 2 and 3 of NOV CV-2003-006). The Cessation Order abatement measures were completed by November 11, 2003 and the CO was terminated on November 13, 2003. SCC paid the civil penalties for both the NOV ($1,500) and the CO ($2,550). SCC has begun construction of Pond O1 lA and new post mine channel YPM-12. To avoid additional disturbance and erosion in the violation area potentially resulting from 2005 spring