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<br />• On June 8, 1994, the Division modified the NOV to include <br />the requirement for a sediment control ditch to control <br />runoff from "drill sites in the West Pit Area". It is <br />Colowyo's understanding that all coal exploration is to <br />meet the special performance standards set forth in Rule <br />4.21 Coal Exploration. This regulation does not make a <br />specific distinction between exploration conducted per a <br />drilling license versus exploration conducted within a <br />permit area. As such, with respect to minimizing <br />disturbance to the prevailing hydrologic balance Rule <br />4.21.4(10) clearly provides flexibility by allowing the <br />operator to utilize either alternative sediment control <br />measures listed in Rule 4.05.5 or sediment ponds which <br />comply with Rule 4.05.6. <br />Colowyo believes that had it not been for the west Pit <br />topsoil stripping operation and the necessity to <br />ultimately remove topsoil above the Taylor Creek drainage <br />there would have been no reason to build a sediment <br />control ditch below the exploration holes. Colowyo's <br />preferred method for controlling sediment from these <br />exploration sites was chosen from the alternatives listed <br />in Rule 4.05.5. <br />Colowyo further believes that the Division's position of <br />requiring only one system of sediment control for coal <br />exploration within permit areas (sediment ponds) versus <br />allowing alternative methods for other exploration <br />programs outside permit areas is not supported by the <br />regulations. The regulations clearly allow for <br />flexibility of sediment control for all coal exploration <br />regardless of the location. <br />With respect to the exploration holes in the vicinity of <br />Taylor Creek, we believe Colowyo was in full compliance <br />with the regulations. We believe the June 8, 1994, <br />modification to NOV C-94-013 was, as it applies <br />specifically to the exploration holes, was not warranted. <br />• The Division's June 16, 1994, NOTICE OF PROPOSED AMOUNT <br />OF CIVIL PENALTY, recognizes with respect to <br />"seriousness" that there was no adverse offsite impact to <br />the environment. As such, given that Colowyo responded <br />to correct the oversight as quickly as possible, we <br />believe the ultimate seriousness should be more correctly <br />assessed at the low ($250.00) category. <br />