Laserfiche WebLink
Mr. Michael B. Long <br />January 4, 1995 <br />Page 3 <br />Justification for Vacating the NOV <br />Sun Coal believes that issuance of the NOV was unwarranted. The original concern regarding <br />design of the Northwest Sediment Trap was determined to be a permit defect by you. To <br />rectify the permit defect Sun Coal submitted a revision in July 1994. The revision was <br />approved by the Division. Only after initiation of the approved measures, was it determined <br />that these measures would not solve the perceived problem. Sun Coal and the Division met to <br />discuss the permit defect, and had agreed to a course of action. The perceived problem <br />remained a permit defect and Sun Coal would address the defect by submitting another <br />revision, with a solution agreed to by CDMG staff and management. Sun Coal fulfilled its <br />obligation with submittal of the revision the nett day. Division management responded, <br />inappropriately we believe, by issuing an enforcement action. <br />Since the perceived permit defect was already being addressed, Sun Coal believes vacation of <br />the Notice of Violation C-94-036 is warranted. We appreciate your attention to this matter <br />and look forward to your reply. <br />Sincerely, <br />Michael S. Savage <br />Vice-President <br />cc: Ms. Susan McCannon, Coal Frogram Supervisor <br />Mr. Bryan Archer, Sun Coal <br />Ms. Susan Burgmaier, Environmental Protection Specialist <br />