Gopher Construction Appeal of NOAVs 2057 and 2058
Gopher Construction Appeal of NOAVs 1992, 1993, 1994, 1995.

February 2007
A three-member panel of the State Environmental Commission (SEC) conducted a hearing on two appeals filed with the SEC by Don W. Tibbals of Gopher Construction, Fernley Nevada.

The panel of the SEC considered the following matters as documented by the Nevada Division of Environmental Protection:

Appeal Number 1: In June 2005 on two occasions a Nevada Division of Environmental Protection inspector observed large quantities of fugitive dust and fugitive emissions emanating from Gopher Construction's sand and aggregate plant located at the Black Mountain Industrial Minerals pit east of Fernley, Nevada.

NDEP alleged that Gopher Construction failed to control dust emanating from the work site and failed to report excess emissions from the plant on two occasions in June 2005. NDEP further alleged that Gopher Construction was operating 5 units without the required emissions controls and that Gopher Construction failed to conduct the Initial Opacity Compliance Demonstration as required by an air quality operating

Appeal Number 2: In August 2006 an NDEP inspector from the Bureau of Air Pollution Control conducted an inspection of Gopher's crushing and screening plant located at 245 Mull Lane, Fernley, NV. During the inspection five pieces of "unpermitted" equipment were documented operating onsite. The unpermitted equipment was generating large quantities of fugitive dust. Gopher had built and operated unpermitted equipment at the Mull Lane facility and had subsequently failed to control emissions and fugitive dust generated from the unpermitted equipment.

Legal Authorities: The above referenced hearing was held in accordance with NRS 233B.121 to 150 inclusive and NRS 445B.100 to NRS 445B.845 and Nevada Administrative Code (NAC) 445B.875 to 445B.899.

The three member panel considered the appeal and made the following finding:

On February 15, 2007, a hearing panel of the State Environmental Commission (Panel) convened to hear the above-entitled appeal. Don W. Tibbals appeared on behalf Gopher Construction (Gopher). Janet Hess, Deputy Attorney General, represented the Nevada Division of Environmental Protection (Division). The Panel listened to the arguments of counsel for the Division and to the Appellant, and to the testimony of witnesses called. Based on the evidence presented and the arguments of the parties:

1. The Panel upheld Notice of Alleged Violation (NOAV) 1992, alleging that Gopher emitted fugitive dust on two occasions in June, 2005, at its sand and aggregate plaint located at the Black Mountain Industrial Minerals Pit east of Fernley, NV. The Panel attached a fine of ten thousand dollars ($10,000) to this violation.

2. The Panel overturned NOAV 1993, alleging that Gopher failed to report the excessive emission of fugitive dust on two occasions in June, 2005, at its sand and aggregate plaint located at the Black Mountain Industrial Minerals Pit east of Fernley, NV.

3. The Panel upheld NOAV 1994, alleging that Gopher failed to use proper emission suppression techniques on two occasions in June, 2005, at its sand and aggregate plaint located at the Black Mountain Industrial Minerals Pit east of Fernley, NV. The Panel attached a fine of ten thousand dollars ($10,000) to this violation.

4. The Panel upheld NOAV 1995, alleging that the Gopher failed to conduct the Initial Opacity Compliance Demonstration required under their air quality operating permit prior to the June, 2005, inspections at its sand and aggregate plaint located at the Black Mountain Industrial Minerals Pit east of Fernley, NV. The Panel attached no fine to this violation, finding that Gopher made a good-faith attempt to comply with this requirement.

5. The Panel upheld NOAV 2057, alleging that Gopher was operating equipment without applying for and receiving an operating permit or a modification to an existing operating permit in August, 2006, at its facility located at 245 Mull Lane, Fernley, NV. Gopher admitted this violation. The Panel attached a fine of ten thousand dollars ($10,000) to this violation.

6. The Panel upheld NOAV 2058, alleging that Gopher emitted fugitive dust in August, 2006, at its facility located at 245 Mull Lane, Fernley, NV. The Panel attached a fine of ten thousand dollars ($10,000) to this violation.

Therefore, it is ORDERED that Gopher Construction pay a total fine of forty thousand dollars ($40,000) to the State Environmental Commission for the violations contained in Notices of Alleged Violation 1992, 1994, 2057, and 2058. The fine will be distributed to the Lyon County School District as required under NRS 445B.640(5).

Dated March 01, 2007

Ira Rackley, Panel Chair
State Environmental Commission (SEC)


Appeal Documents

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