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NOV-26 IS INTERNALLY CONTRADICTORY AND FAILS TO <br />IDENTIFY A CONDITION THAT CONSTITIITEB A VIOLATION OF <br />THE ACT, REGULATIONS OR PERMIT PROVISIONB CITED IN THE <br />NOV AS BEING VIOLATED. <br />The nature of the violation stated in NOV-26 contends that <br />P&M failed to have sediment control measures in place to minimize <br />erosion to provide. protection for topsoil and vegetation, and <br />that P&M failed to retain sediment within disturbed areas. <br />According to NOV-26, as modified, these conditions existed at <br />three locations at the Edna Mine; the grizzly pad, the berm east <br />of the shop/warehouse/buckethouse pad, and in the vicinity of the <br />outlet of culvert E-12. <br />The only conclusion that can be drawn from this contention <br />is that sediment was deposited outside of areas authorized for <br />disturbance at the Edna Mine. However, none of the provisions of <br />the Act or Rules cited in NOV-26 absolutely prohibit the <br />deposition of sediment outside of areas authorized for <br />disturbance or even outside of the permit area. Section 34-33- <br />120(2)(j)(II) of the Act and Rule 4.05.5(1)(c) cited in NOV-26 <br />only require the use of the best control technology available to <br />prevent, to the extent possible, additional sediment from leaving <br />the permit area. Rule 4.05.5 (2) (c) , cited in the NOV as being <br />violated, is simply one of several examples of sediment control <br />methods that may be used and is not a regulatory requirement. <br />According to Rule 1.04(114), "'Sediment' means undissolved <br />organic or inorganic material transported or deposited by water." <br />However, NOV-26 states that coal was pushed over the berm at the <br />grizzly pad and at the berm east of the shop/warehouse/bucket- <br />house pad by snow removal equipment. P&M also submits that the <br />-4- <br />