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Mr. Michael B. Long <br />June 7, 1994 <br />Page 2 <br />Notice of Violation C-94010 <br />History <br />This NOV was issued because of a lack of certification of the Northwest Sediment Trap, <br />adjacent and east of the Explosive Storage Area Sedimentation Pond and the access road to the <br />reclaimed pit area. A brief historical perspective regarding the structure in question is in <br />order. As you are aware, the Meadows i1 1 Mine is located on relatively steep slopes and has <br />historically had concerns expressed regarding sediment control, both at the mine site and along <br />the former haul road. The Division and Sun Coal, concerned about the velocity of water <br />coming down the north side of the reclaimed slope at the former pit area, established a <br />sediment trap at the base of the slope and the ditch. This structure is the Northwest Sediment <br />Trap, described in the approved permit document on pages 192, and 300-305. The structure <br />constructed was never intended to be a sediment pond. The sole function of the Northwest <br />Sediment Trap was (and is) to reduce sediment buildup in the ditch to the Explosive Storage <br />Area Sediment Pond and attendant ditch. The approved permit document states, "Two <br />sediment tI'aDS (emphasis in original text) on the reclaimed backfill area (Map 11) were <br />designed and constructed to control erosion and sedimentation impacts from the 10- year, 24- <br />hour storm event. Traps were designed to control erosive flow velocities and located to <br />minimize erosion and sedimentation impacts from small areas within the disturbed area." <br />These traps were designed features, with attendant design calculations contained in the <br />approved permit document. <br />In fact, there has been no stated concern with this feature by the Division until the issuance of <br />NOV C-94-010. Since there has been no concern, and the Division reissued the permit twice <br />without concern for this structure, Sun Coal was led to believe that the structure was in <br />compliance. <br />Factual Justification <br />Since the Division approved the design and existence of the Northwest Sediment Trap as a <br />valuable functioning element of the sediment control plan, at this point there is no justification <br />for the issuance of the NOV. The Division cites the statutory and regulatory sections <br />pertaining to sediment pond and impoundment performance standards 4.05.9(2), 4.05.6(3)(d), <br />and 4.05.9(10) as the regulatory sections violated. As pointed out, this structure was not <br />designed or constructed to be a sediment pond or impoundment. This structure was designed <br />and constructed to fulfill the requirements of Rule 4.05.5 which states in relevant part, <br />"Appropriate sediment control measures shall be designed, constructed, and maintained using <br />the best technology currently available:... using straw dikes, riprap, check dams, mulches, <br />vegetative sediment filters, dugout ponds, and other measures that reduce overland flow <br />velocity, reduce runoff volume, or trap sediment..." <br />