2003-05-27_GENERAL DOCUMENTS - M2001054

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In the application for this permit, the buffer areas (along the north and west boundaries) were represented to be left with their native timber, primarily as visual buffers, and to a lesser extent to leave a protective vegetative cover. As mentioned above, since the buffer strips were not to be mined, no approved mining activity was to occur there and no amount of bond was required to be posted for that area. It is clear that in order to excavate and create the benches, trees must first be removed. Our understanding was that only the trees existing on the "footprint" of the benches and their slopes, plus on the roadways, were going to be cut. If Bridalveil Construction (who is both the permittee and landowner) decides to cut all trees on the property, including those within the buffer strips, but not further disturb the surface (meaning that no excavation occus) on the buffers, this agency has no real jurisdiction. But as soon as the operator began earthmoving (excavating or roadbuilding) in that buffer, our jurisdiction begins. He has exceeded his approved plan by creating mining disturbance outside the azea approved for such disturbance. This was noted as a problem for him to remedy. The operator has been ordered to correct this problem by completely backfilling the 20-foot buffer along the north boundary, and to seed the area. The bac)mlling must be done promptly to avoid failure of the cut face, which would damage the property lying adjacent to that azea. It is unfortunate that the trees which were removed in the portion of the buffer that was excavated cannot be replaced as promptly. Since the trees had to be removed before mining could begin, log and slash removal were recognized as necessary acfivities. This agency did not specify how or at what rate these activities were to be tamed out. The fact that loggers removed much of the merchantable timber solves most of the disposal issue. Slash is usually burned neaz where trees are cut, which is what this operator did. I observed his slash burning location, and did not have a problem with that. We do not have jurisdiction over actual bum details or issue burn permits. The town might have authority in that area. The approved mining and reclamafion plans did not include any type of visual berm to be constructed, and we cannot require such at this point in time, after the plans have been approved and permit issued. The approved mining plan requires that Bridalveil Construcfion construct a runoff channel for Bridalveil Creek, parallel to, but within, the south boundary of the permit area. At the base of this channel a sediment control pond is to be constructed. These two structures were to precede the development of the benches, since the control of sediment and runoff from this slope was considered important to stabilizing the azea. This has not been done yet, and a problem has been noted with the permit. The approved plan also states that after the control structures are made, the benches could be excavated, one at a time. The lower and second bench are both in apartly-finished stage, meaning that Bridalveil Construction is not in compliance with the approved plan on this point, and a problem has been noted. To correct these two problems, the operator has been ordered to finish the control structures before further bench excavation is carried out. Once bench excavation may begin, the operator has been ordered to finish the lower bench before further developing the second bench. As you know, lower Bridalveil Creek flows down aconvex-shaped alluvial fan of unconsolidated debris. Many former channels are evident on the surface of this alluvial fan, indicating that channel changes may occur quickly and frequently. The Bridalveil property does not extend up the slope to the mouth of the canyon. Though stabilizing the site by constructing a channel was made a priority of this permitted plan, it is possible that changes in the channel may naturally occur, possibly upslope beyond the reach or influence of Bridalvei] Construction. Such changes may be destructive to personal or real property, and occur while mining is ongoing, but may not necessarily be caused by or related to any mining. That is to be assessed on a case-by-case basis. It should be recognized that this hillside is not an inherently stable area. The loose talus can move with a large runoff event, creating new channels and depositing deep fills, often regardless of where stands of trees are. The timber on the site probably provided protection against erosion from direct impact of heavy precipitation, but afforded limited protecfion against mass movement due to high creek flows.