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Mr. Michael B. Long <br />June 7, 1994 <br />Page 4 <br />In section 2.05.6 (page 378) of the approved permit document it states, "Sun Coal Company <br />pursuant to Technical Revision OS will conduct monthly rill and gully inspections and will <br />immediately initiate appropriate repairs (within 30 days)." Sun Coal acknowledges this <br />requirement in the permit document, as egregious as it is. Please note that there is no <br />requirement for Sun Coal to submit reports or results of the rill and gully inspections to the <br />Division. Sun Coal requests that the Division produce evidence that Sun Coal has not complied <br />with the requirements of the permit. Lacking such evidence, it is clear that there is no basis in <br />fact for the issuance of Notice of Violation C-94-011, and it should be vacated immediately. <br />The lack of acknowledgment of compliance with the approved permit, the lack of compliance <br />with its own policies addressing permit defects, the improper citation of regulatory and permit <br />sections, and the lack of enforcement of the State program in light of OSM pressure <br />demonstrate severe flaws in the Division's conduct with respect to these violations, and has <br />prejudiced Sun Coal Company. The combination of factual and procedural flaws described <br />above, Sun Coal believes, should be more than sufficient justification for you to vacate these <br />notices of violation. While Sun Coal acknowledges the potential concerns expressed by these <br />NOV's, a process of discussion resulting in permit modification would have been far superior <br />to the adversarial situation we are now in. If it would be beneficial for us to meet to discuss <br />this situation, Sun Coal is at your disposal. We look forward to your response and to a just <br />resolution of these enforcement actions. <br />Sincerely, <br />.e!%!~G~Z~l~e%lG~/ <br />Bryan J. Archer <br />Mine Manager <br />cc: Mr. Steven Renner, Coal Program Supervisor <br />Mr. Michael S. Savage, Savage and Savage, Inc. <br />Ms. Susan Burgmaier, Environmental Protection Specialist <br />