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<br />Mr. David C. Shelton, Director <br />Mined Land Reclamation Division <br />Page 3 <br />and the Board has many sediment or water control structures (over 84 rolling <br />dips, over 10 culverts, numerous sediment traps, ditches, and runouts). These <br />structures often discharge surface water flows into very steep downslopes which <br />are often times difficult or dangerous to climb down to closely inspect. <br />Additionally, dense vegetation often restricts somewhat access to such areas <br />which might be subject to either managed (i.e., to minimize) or natural erosion. <br />In summary, Sun Coal believes it has reasonably managed its moni- <br />toring and maintenance responsibilities on this decommissioned haul road. It <br />was, at the time of the OSM and CMLRD inspections, pursuing the approval of a <br />rill and gully plan TR which would more definitively set forth its permit <br />compliance responsibilities for such observed rill and gully conditions. Sun <br />Coal, therefore, requests that the fault component of the civil penalty <br />assessment be modified by reducing such monetary assessment below E249.00. <br />B. Good Faith. Sun Coal requests that you award 5100 good faith <br />assessment in recognition of Sun Coal's extraordinary efforts and timely reme- <br />dial action as so noted in Mrs. Brown's report. <br />If these requested actions in one form or another are accepted by you, Sun <br />Coal will withdraw its Notice of Appeal and Request for Public Hearing filed on <br />January 14, 1986. <br />If you require further time and/or information to consider this matter, <br />then Sun Coal so agrees and requests that the scheduled hearing on this matter <br />set for April 24, 1986, be rescheduled for the May 1986 Board hearing. <br />Respectfully submitted, <br />DELANEY AND BALCDMB, P.C. <br />BY ~ ~ ~ ,w <br />Davi tur es <br />DRS:cm Attorneys for Sun Coal Co any, Inc. <br />cc: Bryan Archer - Sun Coal Company, Inc. <br />George Robinson - EnecoTech <br />