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Ms. Candace M, Thompson <br />December 28, 1984 <br />Page two <br />modified plan for baffle installation in the affected sedimen- <br />tation ponds. As of this date, construction of the baffles as <br />submitted and approved by the Division is under way and should <br />be concluded by January 25, 1985, several weeks in advance of <br />the February 17, 1985 date for conclusion of the abatement <br />work. <br />Finally, Kerr Coal emphasizes that the failure to install <br />these baffles was entirely unintentional and was the result of <br />an oversight on Kerr's part. This oversight was certainly <br />facilitated by the fact that the absence of the baffles did <br />not create any discernible adverse impacts. <br />In summary, Kerr Coal urges the Division to vacate this <br />violation based upon the absence of any environmental damage, <br />together with Kerr Coal's good Eaith response to comply imme- <br />diately with the abatement measures set forth in the NOV. In <br />the alternative, Kerr Coal requests that the Division propose <br />a zero penalty assessment. <br />Please contact the undersigned or Mr. David Gossett of <br />Kerr Coal (879-7310), if we can provide any further infor- <br />mation, <br />Very truly yours ,_ <br />Michael S. McCarthy J <br />MSM:bb <br />cc: David C. Shelton, Director <br />