_ENFORCEMENT - C1981017 (2) - Laserfiche WebLink

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GOOD FAITH At the time of this memo, the violation has not abated, therefore I do not feel that a good fatih reduction is warranted. NOV C-90-015 This violation was issued for failure to maintain a diversion (clean water diversion from Mine 1 , Pad 1 ). The culvert which conveys clean water under the pad and down the pad outslope had been severed (apparently by snow removal efforts) at the junction of the pad outslope and the access road and had ruptured near the road outslope. Surface water drainage was running out through the bottom of the CMP and missing the drop structure down the road embankment outslope. Due to this, erosion was occurring down the road outslope beside the CMP drop structure. Additionally, there was the potential for disturbed drainage to mingle with clear water at the tear in the CMP and miss sediment ponds. HISTORY MCR has received 5 NOV 'S and 1 CO in the last calendar year which have completed the appeal process. SERIOUSNESS This was a performance standard violation. In this case, an event occured and resulted in some damage to the environment. It appears that there was no environmental damage off-site since any runoff containing a mixture of disturbed and undisturbed runoff would be caught by the BAT ponds below this area. The duration of the event causing the damage can at best be speculated on, however judging from the erosion on the outslope this condition must have existed for some time judged in weeks. The extent of the damage caused by the event I feel to be small to moderate since there is damage to the outslope of the road in terms of erosion. FAULT I feel that this violation was caused by a lack of diligence on the part of the operator. The level of negligence, I feel to be small to moderate. GOOD FAITH At the time of this memo, the violation has not abated, therefore I do not feel that a good fatih reduction is warranted. 7752F