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Mr. Michael B. Long 2 <br /> I do not agree with your argument that it is necessary to specifically show <br /> how and where runoff is bypassing a pond in order to determine whether_ a <br /> violation of this performance standard exists. There seems to be no confusion <br /> about the location of the alleged violation based on references in your <br /> request for review and discussions between the inspectors during the oversight <br /> inspection. Evidence sufficient to substantiate an alleged violation of this <br /> type can be reliably inferred from surrounding topography, existing erosion <br /> channels, and constructed drainways. The drainage pattern apparent in <br /> photographs contained in the record give me sufficient reason to believe that <br /> drainage from a portion of the lamphouse yard area is not being directed to <br /> the sediment pond. Instead, the record shows that this drainage escapes into <br /> an adjacent road ditch which then flows directly off the permit area into a <br /> nearby receiving stream. Based on this evidence, I am affirming the <br /> determination of the Albuquerque Field Office Director and hereby order a <br /> Federal inspection. <br /> Sincerely, <br /> Deputy Dire or <br /> Operations and Technical Services <br /> cc: MidContinent Resources, Inc. <br /> P.O. Box 500 <br /> Carbondale, Colorado 81623 <br /> Robert Hagen <br /> Director, Albuquerque Field Office <br /> Raymond Lowrie <br /> Assistant Director, western Field Operations <br /> Carl C. Close <br /> Assistant Director, Eastern Field Operations <br />