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r <br />The Trout Creek pump is part of the ongoing mining oper- <br />ation and is located 100 feet from the creek. Ms. Burgmaier <br />observed that the pump pad was muddy and that it did not have a <br />uniform gravel surface. She also saw that rills led directly to <br />the creek and therefore drainage flowed directly into the creek. <br />Moreover, she observed no vegetation or topsoil in place in this <br />area. Furthermore, Exhibit 4.3-1 of the application includes the <br />pump pad area in a portion of land labeled "Topsoil Removal Year <br />1." Accordingly, this area was a disturbed area. P&M, there- <br />fore, is required to have surface drainage from that area pass <br />through a sedimentation pond or ponds, or a treatment facility. <br />Thus, the NOV was properly issued. <br />P&M's second argument also fails. Section 34-33-123(4) <br />requires an NOV to set forth with reasonable specificity the <br />nature of the violation, the steps necessary to abate the viola- <br />tion, the period of time established for abatement, and a reason- <br />able description of the portion of the operation to which the <br />notice applies. This standard was met. The NOV issued here pro- <br />vided the nature of the violation (failure to pass drainage from <br />disturbed areas through sedimentation or treatment facility); it <br />provided cites to the applicable statute and rule; it reasonably <br />described the area to which the notice applied; and it set forth <br />all the relevant information concerning abatement. <br />In addition, the inspection report states that this NOV was <br />-3- <br />