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.r > <br />Mr. Stephen G. Renner <br />2 <br />slows down runoff water to allow sediment to settle." While these structures may <br />have been constructed for the purpose of obtaining an SAE, they, in fact, function as <br />the primary means of sediment control for the azeas where the sediment pond <br />exemption was sought, Thus, they cannot escape the design and certification <br />requirements for sediment ponds under your program. <br />Based on the foregoing, I conclude that a violation exists for which an enforcement <br />action has not been issued as required under the Colorado program and therefore, I <br />find your response to this TDN to be azbitrary, capricious and an abuse of discretion. <br />Accordingly, I hereby order a Federalinspection. <br />Sincerely, <br />~eputy Director <br />cc: Powderhorn Coal Company <br />P.O. Box 1430 <br />Palisade, Colorado 81526 <br />Robert H. Hagen <br />Director, Albuquerque Field Office <br />Carl C. Close <br />Assistant Director, Eastern Support Center <br />Raymond Lowrie <br />Assistant Director, Western Support Center <br />Allen Klein <br />Assistant Director, Field Operations <br />Jcel Yudson <br />Assistant Solicitor, Regulatory Programs <br />