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``~ v . -; <br />Steven G. Renner - 2 - January 11, 1994 <br />2. Interim abatement measures have been imposed by the permittee to the <br />extent necessary to minimize harm to the environment. On July 16, 1993, <br />the permittee installed some water bars on an old access road above the <br />refuse pile that was directing water on to the pile. These have reduced <br />the amount of upland surface water running onto the pile, and will remain <br />until the approved plan for the reclamation of the pile is implemented <br />later this month. As such, Rule 5.03.2(2)(d) has been complied with. <br />3. As the operator has documented his negotiations with a local contractor <br />for implementation of the plans approved in the technical revision, and <br />has further indicated that a verbal notice to proceed was given to the <br />contractor on January 6, 1994, it can be demonstrated that granting the <br />extension to January 31, 1994 will not exceed the shortest time possible <br />necessary to abate the violation. <br />As the applicable sections of Rules 5.03.2(2)(b),(c),(d), and (e) have been <br />appropriately addressed by the permittee, and that in so doing, the permittee <br />has established clear and convincing proof that it is entitled to the <br />extension, I concur with Shawn's determination that the permittee has shown <br />good cause for this extension. I recommend the Division Director grant this <br />request. <br />DIH/amm/9657F <br />