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Mr. Steve S. Shuey January 15, 1993 Page 2 To date, climatic conditions have prevented completion of the coal fines removal abatement step although the process has been addressed with diligence. Manual raking and removal of the coal fines has been initiated to remediate the probl~n while min; m; zing disturbance to the stored topsoil. The process is painstaking, time-consuming, arxi cw~q~licated 1~ the snvrfall and freezing/thawing wnditions typically encountered during this season. The affected area is currently under approximately 12" of snow and the removal process will not be cort~pleted by January 15, 1993. Flnrtlrer, given the weather pattern typical for this time of year, it is reasonable to project that the process may not be completed by February 22, 1993, the maxinnrm allowable time frame for abatement to be aoconq~lished under Rule 5.03.2 (2) (b). To proceed with the abatement process, it is necessary for the affected slope to be free of snow, thawed, and essentially dry. The physical removal of coal fines is impossible under snow-covered or frozen conditions. Fines removal under muddy and wet conditions is ineffective and results in increased damage to the established vegetation as compared to removal under dry conditions. Therefore, in accordance with the provisions of Rules 5.03.2 (2) (b), 5.03.2 (2) (c) (iv), 5.03.2 (2) (d) and 5.03.2 (2) (e), NVCC respectfully requests that a first extension be granted to fully utilize the 90 day abatement period allowed under Rile 5.03.2 (2) (b). In addition, OOVCC requests the Division to consider a second extension to allow the 90 day abatement period to be extended, if necessary, until such time as the abatement can be pursued under conditions which, in the Division's judgement, warrant ca~letion. NOV C-92-035 was issued as result of conditions observed during the Division inspection conducted November 17 and 18, 1992. Weather conditions during the inspection were docwrented as "cloudy w/ snowmelt fran storms the previous weekend causing muddy conditions." NOV C-92-035 was subsequenntly issued on November 24, 1992. The violation was received at Orchard Valley on November 30, 1992. Snowfall totalling approximately 8" - 10" occurred on November 23 and 24. 'this period was followed by clearing weather over the Thanksgiving holiday thouc~n conditions on the slope remained wet. Additional snowfalls occured sporadically from Dec~nber 7 to 9, 1992. Approximately 4" - 6" of snow acu-iumnlated during this period. In response to a compelling awareness of the need to proceed with diligent abatement efforts, a scheduled work Saturday was arranged for two laborers to initiate the cleanup of the contaminated slope on December 12. Conditions on the slope were wet and muddy and cleanup efforts were largely unsuccessful. Heavy, wet snow conditions were again encountered on December 18, 1992. A clearing weather pattern allowed cleanup efforts to rP~~ on December 28 and 29, 1992 with significant progress made on these two days. Accwnulated coal dust was raked into windrows over approximately 80% of the affected area and windrows were removed over approximately 15% of the affec.-ted area. Precipitation began again on December 30 with rain and snow continuing intermittently through January 5, 1993. Subsequent snowstorms January 7 and January 11-14 have continued to prevent further cleanup efforts.