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L <br />Notice of Violation No. 3 <br />The major portion of the disturbed surface is a filled area resulting <br />from road construction in 1974-1975. It appears that the bulldozer operator <br />did encnoach on the bank from the fill area. The bank is composed of slough <br />and slide material from the higher hillside with no distinct topsoil or subsoil <br />horizon in the bank disturbance cited in the violation. <br />Notice of Violation No. 4 <br />The intake to the pipes that drain the area served by this drainage <br />system are located in the Somerset yard area. The area covers approximately <br />2. 5 acres. It is estimated that a 10-year/24-hour precipitation event of 1. 9 <br />inches will result in runoff of . 2 acre feet of water. Since the area is small <br />and with the limited rainfall it is our opinion that the contribution of sediment <br />to the stream leaving the area is nil. The outfall from the yard area is <br />located in a culvert that carries the Elk Creek flow. The determination that <br />the effluent limitations are being met or not being met will be difficult to <br />determine since we can only safely sample Elk Creek flow above and below <br />the outfall from the subject pipe and make a determination based on the <br />differentials in the sample. It should be recognized that the surface drained <br />by this system is relatively hardpacked and the sediment yield will be small. <br />Respectfully, <br />General Superintendent <br />Western District-Coal <br />"r <br />cc: Gary Fritz <br />______„_` Region 5 OSM Denver r <br />Colorado Mined i.and Reci3Y?ration Board <br />3 <br />