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<br /> <br />the quality and quantity of water in surface and ground water <br />systems. One way an operator minimizes such disturbances is by <br />conducting the operation so as to prevent, to the extent possible <br />using the best technology currently available, additional contri- <br />butions of suspended solids to streamflow or runoff outside the <br />permit area. <br />Rule 4.05.5(1)(c) states that appropriate sediment control <br />measures shall be designed, constructed, and maintained using the <br />best technology currently available to minimize erosion as neces- <br />sary to provide protection for topsoil, vegetation, fish and <br />wildlife, and the hydrologic balance. One method of sediment <br />control is retaining sediment within the disturbed area. <br />The basis for the NOV is that the operator failed to imple- <br />ment sediment control measures, using the best technology availa- <br />ble, to minimize erosion to protect topsoil and vegetation. A <br />factor in making the above finding was the failure to retain <br />sediment within the disturbed area. Thus, the NOV was properly <br />issued; the statute and rule require the operator to put into ef- <br />fect sediment control measures using the best technology availa- <br />ble. The operator here did not do so. <br />Moreover, when the coal was pushed over the berm at the <br />shop area and at the grizzly pad, the sediment (coal) was con- <br />tained in snow. Once the show melted, the coal was deposited on <br />-3- <br />