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Mr. Michael B. Long, Director <br />June 26, 1995 <br />Page 2 <br />The following restates the Rules cited in the Notice of <br />Violation and information supporting EFMC's request to vacate: <br />1. Failure to protect topsoil from erosion, 4.06.4(2)(d) <br />This rule requires protection of topsoil from erosion <br />during redistribution and before and after it is seeded and <br />planted. EFMC replaced the limited topsoil resources during <br />reclamation activities in 1994. The topsoil was re-spread with <br />dozers and left in a roughed condition. During subsequent <br />months, Division inspectors noted minor rills and erosion on <br />some slopes, though not serious enough to require operator <br />maintenance. <br />During February 1995, EFMC chisel plowed the slopes on <br />contour to both mitigate the riling and as preparation for <br />seeding. Since February, rills less than 9 inches deep have <br />begun forming on portions of the slopes. The Divisions <br />inspection report dated May 5, 1995 says minor rills are <br />beginning to form on backfilled slopes. Until the date of <br />inspection resulting in the Notice of Violation, the rills and <br />erosion of topsoil have not been a significant concern. we <br />believe this is still the case. <br />Failure to stabilize soil, 4.15.4 <br />This rule describes mulching and other soil stabilizing <br />practices, to be used on all regraded and topsoiled areas, and <br />where approved, use of mulches, cover crop seeding, or chemical <br />soil stabilizers. fiFMC is in Compliance with this rule because <br />our approved reclamation plan includes crimped straw mulch <br />following seed planting. Since seed planting had not occurred by <br />the date of the Notice of Violation, no violation exists with <br />respect to this rule. <br />Failure to conduct seeding and planting, 4.15.1(2), 4.15.3 <br />These rules state that all regevetation be performed <br />according to approved plans, and carried out in a manner that <br />encourages the prompt establishment of vegetation cover and <br />recovery of productivity levels. Additionally, seeding and <br />planting shall be conducted during the first normal period for <br />favorable planting conditions after final preparation for <br />seeding or planting. <br />