ENFORCE28726 - Laserfiche WebLink

Home Browse Search

/~ We also note that the haul road in question in Kerr ae Coal's permit area has been constructed for several months and subject to observation and inspection by the Diviasion's repre- sentatives. No prior questions were raised concerning the con- struction of this haul road for the simple fact that it was clearly approved in Kerr Coal's permit documents. 2. Notice of Violation 82-17 The nature of this violation is described as follows: "The Permittee has failed to reconstruct the netting over the oil and grease pond so as to prevent access by wildlife. The Permittee was informed of this requirement and has not met com- pliance deadlines as established and extended." The necessary remedial action to abate the violation is speci- fied as follows: "The operator must refence the oil and grease pond to prevent access by wildlife. This should include, but is not limited to; tightening the support. cables, tightening netting and clos- ing openings between netting strips, adding net- ting to totally enclose the pond." As with Notice 82-16, this violation is rebutted by the express terms of Kerr Coal's permit. The approved mitigation measures to prevent wildlife contact with the oil and grease pond are specified at page 780-17 of Kerr Coal's permit which states that: "A series of foot spacing have which effectively pond." parallel wires with been strung across prevent water fowl 5 to 10 the pond use of that ~`p,~~ ~Or,9~ Similarly, under the permit heading "Fencing Ponds Containing Toxic Forming Materials," the following mitigation measures are specified: "Water fowl and other wildlife are discour- aged from contact with the disposal sites due to ~~G7 measures recommended by the CDOW, including the ~~aM~ stringing of wire with brightly colored ribbons." See, also, p. 816-1O5aa. -3-