ENFORCE31873 - Laserfiche WebLink

Home Browse Search

~. Mr. Luke Danielson July 29, 1994 Page 2 cited by the Division as being violated is Rule 2.05.4(2)(c). This regulation does not address rill and gully inspections. This is therefore an incorrect citation and negates the issuance of the NOV in its own right. No violation of the cited regulatory section has occurred. In section 2.05.6 (page 378) of the approved permit document it states, "Sun Coal Company pursuant to Technical Revision OS will conduct monthly (emphasis added] rill and gully inspections and will immediately initiate appropriate repairs (within 30 days)." Sun Coal acknowledges this requirement in the permit document, as egregious as it is. Please note that there is no requirement for Sun Coal to submit reports or results of the rill and gully inspections to the Division. Though Sun Coal requested that the Division produce evidence that Sun Coa] did not comply with the requirements of the permit, the Division has declined to do so. The Division has cited conversations with contract individuals and myself as the basis for the belief that the surveys were not conducted. For the record, I am stating that Sun Coal Company employs a caretaker for the mine site, who is on-site nearly daily. As one of his responsibilities, he is alwavs looking for and correcting conditions on-site which could lead to non-compliance with the regulations or permit. Consequently, he is always surveying for rills and gullies. Proof of the success and efficiency of his reconnaissance is the fact that Sun Coal has not been issued a citation for rills and gullies under the performance standards. Since the Division has no specific evidence that Sun Coal has not conducted rill and gully inspections at the required frequency, it is clear that there is no basis in fact for the issuance of Notice of Violation C-94-011, and it should be vacated. The lack of acknowledgment of compliance with the approved permit, the lack substantive evidence, the improper citation of regulatory and permit sections, and the lack of enforcement of the State program in light of OSM pressure demonstrate severe flaws in the Division's conduct with respect to this violation and have prejudiced Sun Coal Company. 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. Sincerely, ~~ Bryan J. Archer Mine Manager cc: Mr. Michael Long, Director Mr. Michael Savage, Savage and Savage, Inc.