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Michael Long <br />June 28, 1995 <br />Page 3 <br />evidenced by the satisfactory installations observed by Mr. Waldron at all <br />other areas at the Lone Pine Gulch facilities. The fact is, that all of the silt <br />fence at the pile site, except the one portion, was sufficiently keyed to the <br />ground and was performing its function perfectly. As noted above, <br />virtually all of the water from the waste pile flows to a single small area. <br />The silt fence at that critical point had not been compromised by the <br />marauding cattle, and was completely effective. It is therefore simply <br />false to state that the silt fence was "completely ineffectual." <br />Because the Inspection Report contains inaccurate statements of critical <br />facts, Mountain Coal asks that you vacate this portion of the NOV. <br />Please note that the silt fence is one element of a redundant system of <br />sediment control. Water is diverted around the waste pile to a natural low <br />point above the waste pile's underdrain. At that point, water flows through <br />the silt fence. The Division approved the use of a vegetative buffer as the <br />primary defense against sedimentation from the site. The plain fact is that <br />even in one of the wettest springs ever, no sediment from the waste pile <br />reached the vegetative buffer area. Contrary to the claims of the <br />Inspection Report, then, sediment control at this site was remarkably <br />effective. <br />2. Drainage Collection Channels <br />The Inspection Report alleges that <br />the waste pile surface area drainage collection <br />channels DWP-E and DWP-W were not being <br />properly maintained to safely convey drainage off of <br />the pile. This was occurring by allowing a significant <br />amount of development waste to fill in the collection <br />channels, thereby rendering the ditches ineffective. <br />Inspection Report, page 1 of 3. <br />In fact, the collection channels at the waste pile were functioning properly <br />at the time of the inspection. Mountain Coal had not additionally <br />constructed engineered drainage ditches at this site. Rather, Mountain <br />Coal recognized that the stockpiled material interfaces with the ground <br />surface and the prepared and graded site naturally controlled the water <br />from the waste pile site so that it flowed to the area above the underdrain. <br />This approach to drainage control was acceptable to the Division prior to <br />the inspection on May 10, 1995, and at the time of the abatement of this <br />NOV. The collection channels at the site were effective on the date of the <br />