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III IIIIIIIIIIIIIIII <br />Date: November 1, 1994 <br />To: Susan McCannon <br />From: David Berry <br />Re: Notice of Violation C-94-024 - Canadian Strip - C-81-026 <br />This note is written in response to the request to vacate NOV C-94- <br />024, received on 10/31/94. <br />1. A large piece of plastic or rubber sheeting was observed in the <br />primary outlet structure. Our inspectors finally moved the plastic <br />during a follow-up inspection. It is likely that this obstruction <br />could result in flow retardance, given the configuration of the <br />outlet. <br />Additionally, this situation was noted by the consulting engineer <br />during his 10/93 pond inspection, and the report states: <br />"Clear the principal spillway of the plastic sheeting and the <br />outfall of excessive vegetation growth to avoid restrictions of <br />flow. This work should be accomplished prior to the next <br />anticipated discharge of water from the primary spillway (high <br />water season)" <br />It was the operator's (and/or consultant's) responsibility to <br />ensure that this occurred. The spillway was not cleared, and a <br />violation was written after a year of inaction. <br />2. The inslope of the pond has experienced significant erosion, <br />and this is a violation. Protection should be provided now so as <br />to avoid more catastrophic results later. This is a permanent <br />impoundment, and erosion of the observed magnitude should not be <br />occurring. <br />3. The emergency spillway riprap has weathered completely. The <br />10/93 (last year) consulting engineer report stated that the riprap <br />should be replaced. We were aware of the currently approved plan <br />when the violation was written, and the referenced Phase II release <br />has nothing to do with the situation. If a change to the approved <br />riprap requirement is desired, then a revision can be considered. <br />