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<br />Ms. Anne h nfe t <br />Date: <br />Page Two <br />All sedimentation ponds aze designed to contain the full design runoff volume resulting from <br />a 10 yeaz, 24 hour storm event. Stormwater storage capacity is in addi[ion to design sediment <br />storage and any permanent storage capacity. Kerr inspects all sedimentation ponds on a <br />quaner]y basis. Inspections include eva]uation of accumulated sediment levels relative to design <br />sediment storage apadty to verify [hat design Stormwater storage capacity is maintained a[ all <br />times. If inspections indicate that sediment accumulations aze at or neaz the design sediment <br />level, Kerr removes accumulated sediment from the pond(s) within a reasonable period (typically <br />30 to 60 days) following the inspection. Both pond inspection reports and documentation of <br />pond clean-out are retained ar the minesite and are available for inspection by aphorized agency <br />representatives. Based on dirett observation of pond storage levels at the time discharge <br />occurred, the discharge resulted from: <br />'~ Rainfall or snowmelt runoff volumes less than or equal to the design 10 yeaz, 24 <br />hour storage volume <br />^ Rainfall or snowmelt runoff volumes greater than [he design 10 yeaz, 24 hour <br />storage volume <br />Based on the preceding information, Kerr respectfully requests chat the Water Quality Control <br />Division approve a Stormwater exemption for eaceedance of effluen[ limitations consistent with <br />exemption and assoaated burden of proof provisions as outlined in Permit COG850021. It is <br />understood chat this exemption applies only to the specified monitoring period(s), the subject <br />outfall(s), and the following effluent parameters: <br />TSS <br />^ Settleable Solids <br />^ Other <br />We appreciate your consideration of and cooperation in this matter. Please feel free to contact <br />me with any questions or if you require further documentation. <br />tnc ely, <br />err Coal Comp y <br />c ~.... ~:~: cax asx <br />