DOGAMI, the regulatory agency in charge of administering a mining permit issued to Oregon Resources for the extraction of chromite and other mineral deposits at the Seven Devils Mine Site off West Beaver Hill Road has followed upon previous warnings demanding compliance and mitigation with permit conditions. In a letter dated December 9, 2011 to Dan Smith, COO of ORC, flood plain specialist Vaughn Balzer details a continued failure to follow best management practices showing “…ongoing track out of sediment, indicating that track out is a reoccurring issue; and, the washing of that material off the West Beaver Hill Road is resulting in turbid storm water discharges that are not adequately being contained by the current BMPs.” Balzer explains that “Washing of a gravel road is not an approved BMP to address track out, and in fact creates a significant amount of turbid run off that has the potential to enter wetlands or other waters ofthe state.”

ORC has violated conditions of the NPDES 1200 A permit and a Notice of Violation and Compliance Schedule has also been issued detailing required corrections and detailing the consequences of failure to comply with the terms of their permits.

If you fail to comply with this Notice of Violation and Compliance Schedule, the department intends to take enforcement action against you. This may include, but is not limited to, recovery of the Letter of Credit for this site, issuance of a Suspension Order or the assessment of civil penalties for the violation of this order. If the department elects to recover the Letter of Credit, the funds will be used to reclaim the property as provided in ORS 517.865. If this amount is insufficient to complete the reclamation as outlined in the Reclamation Plan, a lien may be placed against the property to cover any deficiencies.

ORC has until January 9 to bring the site into compliance and submit a plan for mitigation.

To bring this site into compliance and to correct the violation(s) ORC must:
1. Develop a plan to ensure all equipment tires are clean prior to leaving the site. One acceptable method to accomplish this goal would be to install a wheel wash (passive or active) prior to trucks entering the large open rock section of the haul road immediately prior to turning on to West Beaver Hill Road. The plan must be submitted to DOGAMI for approval by January 09, 2012.
2. Implement the plan described in Compliance Order 1 of this schedule within 15 days of being notified that the plan has been approved by DOGAMI.
3. Cease the washing of any portion of Haul Road #2 until such time as ORC has formally amended the Haul Road Plan and the Storm Water Pollution Control Plan to include washing of specific sections of the haul road. The amended plan must delineate all wetlands within 300 feet of the specific sections of road that are proposed to be washed and include specific BMP’s that will be used to prevent pollution from entering any adjacent wetlands or other waters of the state.
4. Cease the conveyance and/or transfer of sediment onto West Beaver Hill Road until adequate roadside BMP’s, approved by DOGAMI, are in place to ensure that when the material is washed off the road the turbid storm water runoff does not enter adjacent wetlands or other waters of the state. 5. Submit documentation of daily site inspections conducted by the ECI as specified in ORC’s SWPCP by January 09, 2012.
6. After receiving approval for future road washing activities as outlined above, ORC’s ECI must; 1) prior to conducting any road washing activities, inspect and document the condition of all BMP’s adjacent to the section of road that will be washed; and 2) following the washing of the road, the ECI must observe and document the effectiveness of the BMP’s to ensure that they are effective at preventing turbid water from entering wetlands or other waters of the state. ORC must also arrange for a DOGAMI and/or DEQ representative to be present to observe road washing activities within 14 days of resuming those activities.

Most of the management of ORC come from a company tied to Iluka Resources in Georgia and Florida which also is documented to have ignored permit conditions. Many thanks to the state and local regulatory agencies who have taken this matter seriously and demanded that ORC use the best management practices it agreed to as part of receiving its permits.