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2) The data yielded by potentially faulty equipment cannot <br />be relied upon for the purposes of the pilot testing or <br />the actual compaction testing. <br />3) After the pilot test data are verified, compaction <br />testing needs to be conducted at locations selected by <br />the Division to ensure unbiased results. <br />Because of the time constraints involved in the NOV procedure (the <br />abatement deadline is March 15, 1994), WFU may wish to forego the <br />pilot testing procedure necessary for the proposed dozer excavation <br />method, and instead, employ one of the drilling methods originally <br />recommended by the Division. In either case, the Division's <br />concerns regarding problems with instrumentation will need to be <br />addressed. <br />NOV C-93-I57 <br />In our telephone conversation on February 28, 1994, you expressed <br />a concern that the settlement agreement for this NOV: <br />1) didn't acknowledge that the "as built" designation was <br />already included on the drawings of the referenced <br />impoundments prior to issuance of the NOV, and <br />2) didn't remove the reference to the lagoon by the White <br />River as an impoundment requiring certification and <br />quarterly inspections. <br />The settlement agreement actually addressed both issues. In order <br />to complete the paperwork documenting that the "as built" <br />certifications were in the permit and that the Division does not <br />consider the lagoon to be an impoundment, modifications to this NOV <br />will be sent under separate cover. <br />If you have any questions regarding this correspondence, please <br />call me at (303) 866-3567 X353. <br />Sincerely, <br />i <br />Barbara L. Pavlik <br />Environmental Protection Specialist <br />m:\coal\blp\c81018.nov <br />