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Information Submitted by P&M <br />Regarding Notice of Violation C-97-007 <br />Nature of Violation: <br />Failure to prevent contributions of suspended solids to streamflow or runoff outside the permit <br />area; failure to pass disturbed area runoff through a sediment pond; failure to ensure that the <br />construction, maintenance, and post-mining condition of access roads will control or prevent <br />erosion and siltation; failure to clean out temporary or large settling ponds from drainage after <br />disturbed areas are revegetated and stabilized; failure to stabilize and protect all surface areas <br />affected by the surface mining ojcoal and reclamation operations to effectively control erosion; <br />failure to minimize disturbances to the prevailing hydrologic balance. <br />P&M does not contest the nature of the violation as presented above with the exception of the <br />language which states, "failure to clean out temporary or lazge settling ponds from drainage afer <br />disturbed areas are revegetated and stabilized": P&M believes this language (found in the Act, <br />34-33-120(2)(j)(III) is inappropriately used. The language at 34-33-120(2)(j)(III) clearly states, <br />"Cleaning out and removing. temporary or large settling ponds... [emphasis added]". It is P&M's <br />belief that this language is intended to be used during Phase' II bond release procedures (i.e., <br />when a temporary structure may be removed upon establishment of revegetation and hydrologic <br />stabilization) and as cited at Rule 4.05.17, Postmining and Rehabilitation of Sedimentation <br />Ponds, Diversions, Impoundments, and Treatment Facilities; "Before abandoning the permit <br />area, the person who conducts the surface or underground mining activities shall renovate all <br />permanent sedimentation ponds...". P&M is certain that the areas cited in the NOV cannot be <br />considered revegetated or stabilized in accordance with bond release procedures nor is P&M <br />intending to abandon the permit area. <br />The Division's use of [he citation implies that shortly afer an area being serviced by a sediment <br />structure is seeded (the areas cited in the NOV were seeded as recently as November 1996) the <br />pond is required to be cleaned and removed. P&M does not believe the Act nor the regulations <br />require sedimentation structures to cleaned in concert with specific reclamation activities such as <br />final seeding. <br />Portion of the Operation to which the Notice applies and Steps Necessary to abate <br />Violation: <br />West Ridge Road, "Super Curve" area <br />la. Devise acrd install drainage system to alleviate erosion on "s:rpercurve"by installing a <br />temporary ditch to transport all drainage water from the road ditches to the ditch on south <br />side of road; (abatement date required - 27 June 1997) <br />