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<br />Note: It should be noted that two minor revisions which were submitted by <br />Blue Flame were not approved by the Division for the reasons discussed below. <br />1. A revision originally designated MR No. 1 was submitted on January 8, 1988. <br />The revision requested approval for temporary storage of coal and underground <br />development waste on the mine bench. The application was deemed incomplete by <br />the Division due to a lack of detail in the plan and due to the fact that the <br />revision was submitted by an individual, Mr. Michael Bertoldi, of <br />Transportation, Construction, and Minino, Inc., who was not an officially <br />authorized representative of Blue Flame Coal Company, <br />2. A revision originally designated MR No. 2 was submitted on March 28, 1989. <br />The revision was in response to a Division request that Blue Flame submit a <br />plan to temporarily secure the portals from unauthorized entry. The submittal <br />contained no specific plan or description of measures which would be employed <br />to safeguard the entries but merely reiterated the oeneral conditions outlined <br />in the Division's letter of March 16, 1989. Shortly thereafter, the portals <br />were screened off with locking, heavy gauge wire mesh sates in a manner iudped <br />satisfactory by the Division. Since the concern was adequately addressed, it <br />was determined that the revision was no longer necessary and the revision was <br />not formally processed. <br />Section III - Permit Variances and Exemptions <br />One variance to the sediment pond desion criteria of Rule 4.05.6(3) was approved as <br />a Dart of the original permit, and one small area exemption pursuant to <br />Rule 4.05.2(3) was approved as a provision of Technical Revision No. 3. <br />1. Based on the applicant's commitment to pump out any sediment pond inflow to <br />maintain the designed storaoe capacity, the sediment pond design was <br />originally approved with no principal spillway. Subsepuently, as a component <br />of TR No. 3, a sated dewaterinp device was installed, and as a result the <br />desion variance no longer exists. <br />2. Asa part of TR No. 3, a small portion of the eastern section of the upper <br />bench was designated a small area exemption, in accordance with <br />Rule 4.05.2(3). Drainage from the area is routed through a strawbale check <br />dam to insure compliance with the applicable effluent requirements. <br />Section IY - Decision to Require Revisions <br />The following items pertain to various portions of the Blue Flame Permit which will <br />need to be revised and/or updated to reflect the current conditions and insure <br />compliance with the rea_ulations. Those items which require modification will need <br />to be submitted within a technical revision application no later than March 15, <br />1990, <br />-3- <br />