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• n <br />~n <br />d. Alleged Violation No. 6. A plan <br />for salvaging all materials of a quantity <br />and quality suitable for vegetative growth. <br />5. In response to the specific allegations in <br />Notice of Violation No. 79-V-1-12, SEI shows the following <br />facts: <br />a. Alleged Violation No. 1. SEI does <br />not have a mining permit for McClane Canyon <br />because it is an exploration operation con- <br />ducted on federal coal deposits. <br />b. Alleged Violation iQo. 2. At the <br />time of Inspector Ehmett's visit to McClane <br />Canyon, SEI was in the process of performing <br />cleanup and maintenance activities following <br />a harsh winter. These activities included <br />modification of the existing sedimentation <br />control system by adding culverts and thereby <br />diverting water from undisturbed areas to <br />increase the treatment capability of the <br />sedimentation basin. The cleanup program <br />was begun approximately ten days before <br />Inspector Ehmett's visit, but the program <br />was hampered by four consecutive days of <br />rain and snow. Inspector Ehmett's visit <br />occurred on the fourth day of rain and snow. <br />SEI was caught in the middle of its cleanup <br />efforts by the adverse weather, and efforts <br />were made, when possible, to carry on the <br />work in an attempt to insure against environ- <br />mental degradation of the area. During the. <br />modification of the existing sedimentation <br />control system, straw dikes and a check dam. <br />were strategically placed at the site and <br />-4- <br />