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r' - . <br />F • • <br />Mr. Robert Hagen -3- July 29, 1991 <br />surface coal mining operations". Based upon the previously referenced <br />definition of overburden, we contend that the material present at the Cameo <br />Seam bench is not "spoil". This contention was not disputed by the AFO. In <br />fact, the AFO response indicates that the material used to backfill the bench <br />is waste rock material, and the material comes from a waste pile located at <br />the bench area. We agree that underground waste rock has been deposited on <br />the surface at the Cameo Portal area; however, the rules, both State and <br />Federal, distinguish between waste rock and spoil. The waste rock has been <br />graded into the portal face-up area, and a final topography has been achieved <br />which approximates the premining and adjacent topography. Rule 4.14.1(2>(a> <br />specifically refers to highwalls, spoil piles and depressions, none of which <br />are present, based upon a strict and literal interpretation of both the State <br />and Federal rules. <br />Our interpretations are neither arbitrary nor capricious. Rather, our goal is <br />to ensure that any enforcement actions taken are proper. The provisions of <br />Rule 4.14.1(2)(a) are specific, and the terms contained in the rule are <br />clearly defined elsewhere in the State and Federal rules. We respectfully <br />contend that we cannot pursue an enforcement action based upon Rule <br />4.14.1(2)(a), because the specific requirements of the rule have not been <br />violated. <br />We hope that a favorable decision will be returned, based upon the information <br />provided above. Please do not hesitate to call with any questions. <br />Sinc <br />~~~ ~ <br />Steve G. Renner <br />Coal Program Supervisor <br />SGR/gaw <br />cc: David Berry <br />Susan Morrison <br />7317E <br />