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the hillside. <br /> Sediment from the hillside would have been carried into the <br /> preparation plant yard area, then to the ditch along the perimeter <br /> of the yard area, then to the 001 pond series for treatment. <br /> Mid-Continent did take appropriate measures to control sediment, <br /> including the berm around the perimeter of the pad, the ditch along <br /> the hillide to the north of the pad, the ditch along the perimeter <br /> of the preparation plant yard area, and the 001 pond series. These <br /> measures, as required, are adequate to prevent contribution of <br /> solids to streamflow (i .e. Coal Creek) and to runoff outside the <br /> permit area. <br /> The erosion noted on the hillside was the result of the violent <br /> thunderstorm of July, 1989 , which carried debris and sediment <br /> sufficient to clog the ditch. Mid-Continent did extensive <br /> maintenance all over the mine site to clear ditches and culverts <br /> and otherwise to correct problems associated with the storm event. <br /> However, this section of the ditch escaped notice. <br /> The Notice of Violation cites a failure of "appropriate sediment <br /> control measures. " However, Mid-Continent did not fail to provide <br /> appropriate sediment control measures , nor did Mid-Continent fail <br /> to do required maintenance. <br /> * Please note attachments. <br /> Yours truly, <br /> Diane Delaney <br /> Mid-Continent Resources <br /> 5 <br />