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fl!!3/r <br /> NOV C-84-090 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the May, 1984 inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that drainage ditches to the Mine No. 1 <br /> and No. 2 sediment control system had been breached and that the two <br /> sediment ponds were more than 60% filled with sediment. A Notice of <br /> Violation (NOV) was issued for failure to minimize disturbance to the <br /> prevailing hydrologic balance. Specifically, the NOV was concerned <br /> with the failure to maintain the sediment and drainage control system. <br /> During the hearing, the operator presented convincing evidence that the <br /> sediment ponds were not yet filled to the 60% level with sediment. <br /> Specific records of pond clean-out volumes were presented. One of the <br /> drainage ditches which had breached prior to the inspection was <br /> functioning properly at the time of the inspection. It was assumed <br /> that the ditch had breached during the previous week' s excessive runoff <br /> events. <br /> One of the drainage ditches was breached at the time of the inspection, <br /> causing drainage to short-circuit the sediment control system. This <br /> condition was considered serious enough to warranty issuance of a <br /> violation. Based on oral testimony, written records, slides, and <br /> photographs, NOV C-84-090 is modified. Specifically, the citations <br /> related to the sediment-filled ponds and the ditch which had been <br /> breached, but was functioning properly at the time of the inspection, <br /> are removed from the NOV. The removed citations are described below: <br /> The western ditch leading to the Mines 1 and 2 sediment ponds had <br /> breached. The breach in the ditch was repaired during the <br /> inspection but the resultant gullying was not repaired. <br /> The effluent from the Mines 1 and 2 sediment ponds was apparently <br /> exceeding the discharge standards of both the NPDES Permit and Rule <br /> 4.05.2. A sample was taken on May 23, 1984. Both sediment ponds <br /> appeared to be filled to capacity or beyond capacity with sediment <br /> although it was difficult to determine this because of the turbid <br /> water. However, there were distinct islands of sediment in both <br /> sedimeant ponds. <br /> The citation for the breached ditch which was causing short-circuiting <br /> is retained. The Director finds that the violation occurred, as <br /> modified, and that NOV C-84-090, as modified above is, upheld. <br />