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:~ Mr. Luke Danielson July 29, 1994 Page 2 relevant part, "the report [sediment pond self inspection report] shall be retained at or near the mine site and a copy of the report promptly submitted to the Division on a quarterly or annual basis, as required by the Division..." Rule 4.05.9(13) states in relevant part, "A copy of the report [impoundment quarterly self inspection report] shall be submitted to the Division on an annual basis..." Cleazly, the operator has the option to submit these reports on an annual basis, which Sun Coal would prefer [o do, and has done so in the past. Within the remedial actions of the NOV, these reports are required on a quarterly basis, which is within the Division's ability to require for sediment ponds, but clearly above and beyond the regulatory authorization for impoundments. Third, Sun Coal employs a contract individual, familiar with the site, and the sediment ponds and impoundments to conduct the self inspections. This individual is not a registered professional engineer but has conducted the inspections for many years. This fact has not concerned the Division until the issuance of the NOV. Fourth, the NOV cites the NW sediment trap [incorrectly identified as the NW impoundment in the NOV] as one of the structures that is required to be inspected. The NW sediment trap was a sediment control measure approved by the Division under Rule 4.05.5(2) in 1986. This structure was not required to be inspected in the same manner as sediment ponds and impoundments. In fact, the separate NOV issued relating to this structure was vacated because of this fact, yet it remains in this NOV. Application to this structure is, at best, retrofitting an interpretation of the regulations, to this previously complying structure. Sun Coal believes that we will prevail in our contention before the Mined Land Reclamation Boazd that this NOV was issued in error. The lack of acknowledgment of compliance with the approved permit, the lack of historical concern by the Division, and the lack of cooperation with respect to enforcement of the State program in light of OSM pressure demonstrate flaws with respect to this violation. The combination of flaws described above, Sun Coal believes, should be more than sufficient justification for vacation of this notice of violation. Thank you for your consideration in this matter. We appreciate the opportunity to discuss this enforcement action with you, and look forward to a fair resolution. Sincere Bryan J. Archer Mine Manager cc: Mr. Michael Long, Director Mr. Michael Savage, Savage and Savage, Inc.