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NOV-26 IS INTERNALLY CONTRADICTORY AND FAILS TO <br /> IDENTIFY A CONDITION THAT CONSTITUTES A VIOLATION OF <br /> THE ACT, REGULATIONS OR PERMIT PROVISIONS 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 />