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:~: . ,: <br />z <br />Sun Coal's June 7, 1994 letter addressed to you includes two points <br />which I would like to clarify. First, the letter indicates that <br />Mike Savage asked for a delay in issuance of this NOV during a <br />discussion with me. I did explain the circumstances of the alleged <br />violations to Mr. Savage ;however, I do not recall a request for a <br />delay in issuance. Secondly, the letter concludes that requiring <br />the sediment trap to meet regulatory requirements for impoundments <br />is "in direct contravention of Rule 4.05.5". As indicated in Sun <br />Coal's letter, Rule 4.05.5 lists possible sediment control methods <br />which may be designed, constructed and maintained. Rule 4.05.9 <br />also requires that temporary impoundments (defined by Rule 1.04(64) <br />as, "a basin... which is built to or does in fact retain water, <br />sediment or slurried waste") meet several requirements of Rule <br />4.05.6. Those are the regulatory sections the operator is being <br />instructed to comply with. I do not believe this contradicts Rule <br />4.05.5, as alleged in Sun Coal's letter. <br />