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Michael Long <br />June 28, 1995 <br />Page 4 <br />inspection because all water from the waste pile was channeled to the <br />proper point at the site. No water from the waste pile escaped these <br />channels. <br />Mountain Coal therefore requests that this portion of the NOV be vacated. <br />3. Topsoil <br />The Inspection Report accompanying the NOV alleges that <br />development or coal mine waste [was] being <br />carelessly handled resulting in material being spread <br />on undisturbed areas thereby contaminating the <br />topsoil which had not been salvaged prior to <br />placement of this waste. <br />Inspection Report, page 2 of 3. <br />In fact, all topsoil within the disturbed area at the site had been salvaged, <br />stockpiled, and certified, as required. At no point did Mountain Coal place <br />development waste on undisturbed ground or on an area where topsoil <br />had not been salvaged. Subsoil cover material had been segregated and <br />stockpiled along the east and west perimeters of the site to allow later <br />construction of the pile with the coaly material on the "inside", per the <br />approved design. Mountain Coal never found any refuse contamination <br />of topsoil. The Division has erred in making this allegation, and Mountain <br />Coal asks that this portion of the NOV be vacated. <br />4. Penal <br />The Division seeks a $2,250.00 penalty for this NOV. It appears that the <br />Assessment Officer has based this penalty on the mistakes of fact <br />contained in the Inspection Report. The Notice of Proposed Amount of <br />Civil Penalty asserts that Mountain Coal's actions were intentional and of <br />significant serious. As discussed above, the sediment control at the <br />waste pile was functioning adequately and Mountain Coal did not place <br />waste material on topsoil. Mountain Coal is very concerned that the <br />mistakes of fact and mischaracterizations found in the Inspection Report <br />could lead to the findings set forth in the penalty assessment. It is critical <br />that these errors be corrected and the NOV vacated. <br />