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Page 2 of 2 <br />During the same May 16, 2011 inspection, I also observed significant erosion at the outfall of the <br />MEHR -1 culvert, which carries Hubberson Gulch under the MEHR at its intersection with Routt <br />County Road 53. Downcutting at the outfall was about 3' deep. The affected area is outside of the <br />sediment control system for the mine, and the erosion and siltation occurred beyond the disturbance <br />area and permit boundary. It appeared that the erosion had occurred as a result of SCC's failure to <br />protect (such as armoring with rip rap) the outfall side of the culvert. <br />Due to the extraordinarily wet spring season in the area this year, SCC had some difficulty in getting <br />into the area to complete the abatement work, so they did not get it done prior to the abatement due <br />date. Roy Karo sent me photos of the abatement work in 006 Gulch and at the MEHR -1 culvert today. <br />It appears that the required work has been completed. We received the required technical revision (TR- <br />75) on June 13, 2011. <br />The operator has declined to submit written information about the violation for consideration in <br />assessing the civil penalty, as allowed by Rule 5.04.3(1). <br />