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i~ <br />requirements, a plan for soil stabilization. As stated above, it is plausible that Sun Coal <br />Company's commitment to conduct monthly rill and gully inspections is part of the plan to <br />ensure soil stabilization through mitigation of rills and gullies. <br />Third, the request states that there is no requirement for Sun Coal Company to submit reports <br />or results of the rill and gully inspections to the Division. Sun Coal Company requests that the <br />Division produce evidence that they have not complied with the requirements of the permit. <br />Rule 5.02.4(1) requires that copies of all records, reports, inspection materials, or information <br />obtained under the Rules be immediately available at a convenient place in the area of mining. <br />In order to verify compliance with [ha[ Rule and the requirements of the approved permit, 1 <br />requested documentation of the required monthly rill and gully inspections. Dan Ellison, <br />consultant for Sun Coal Company, stated that he had no record of the inspections, nor were the <br />inspections conducted. I telephoned Bryan Archer, Mine Manager for the Meadows # 1 Mine, <br />in an effort to determine whether the inspections were being conducted, and if there were any <br />records to that effect. Mr. Archer stated that the inspections were not conducted monthly, and <br />that he therefore could not produce any evidence that [hey had been. He stated that once a <br />year, rills and gullies on the site were identified and repaired. <br />Rule 5.02.2(2)(a) requires that a notice of violation be issued when it has been determined that <br />there has been a violation of the Act, Rules, or permit exists. Since the approved permit <br />requires monthly rill and gully inspections of the site, and it was apparent [hat the inspections <br />had not been conducted, I issued Notice of Violation C-94-011. <br />Should you have any questions or need additional information to assist you in reaching your <br />decision, please see me or Larry Routten. <br />c: Steve Renner <br />Larry Routten <br />SLB\061094D. W P <br />- 2 une I <br />