_GENERAL DOCUMENTS - C1981017 (138)

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Steven G. Renner 2 Violation number 4 was issued for failure to maintain a diversion in a stable manner. The cited area is the perimeter diversion ditch downstream from the facilities area where slumpage is occurring. It is DMG's response on the first violation that the area cited had not yet been reclaimed. DMG ordered the operator to do earthwork in the area, this work was covered by Field Minor Revisions numbers 38 and 39, and as a result of the work the depressions had been eliminated by the inspection of July 22, 1993. AFO's finding is that all depressions had been eliminated as was noted during a Federal followup inspection on July 23, 1993. Therefore, AFO finds that DMG has good cause for not taking enforcement action. DMG's response on the second violation is that drainage on the area goes through a gravel filter and a straw bale filter and the operator has submitted information needed for approval of alternative sediment controls. AFO's finding is that this drainage was leaving the site during the July 7, 1993 inspection without passing through a sediment pond as required by Regulation 4.05.2 and usage of alternative sediment controls was not approved. In fact, on that date the drainage in question was not passing through any kind of drainage control. DMG's response to the TDN states that an inspection was done on July 22, 1993, and that usage of alternative sediment controls were not approved as of that date and drainage was not going to a sediment pond. In addition, on the July 23, 1993 Federal inspection, no sediment controls had been implemented for this drainage. Therefore, AFO finds that DMG's action is arbitrary, capricious, and an abuse of discretion and is, therefore, inappropriate. DMG's response on the third violation is that by the July 22, 1993 inspection, the outslope of the road above the Dutch Creek Flume had been repaired and as the violation did not exist at that time, no action would be taken. AFO's finding is that it was evident during the July 23, 1993 Federal inspection the violation had been corrected and DMG has good cause for not taking any enforcement action. DMG's response on the fourth violation is that the ditch in question is covered under Notice of Violation C-93-091. The slumpage is from a prelaw area and the area where slumping is occurring is not subject to regulation. DMG states that none of the material is present in the ditch and the problems with the ditch are the result of sediment deposition by flows in the ditch. DMG states that at this time no enforcement action will be issued.