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Mr. Robert Hagen - 2 - June 14, 1989 <br /> clearly must have some sort of containment area to limit their effect on the <br /> working surface of the pile and to allow their drying. Accordingly, the <br /> Division will require further revision of the permit by July 1 , 1989 to allow <br /> the placement of pond cleanings on the pile so long as there is no conflict <br /> with the maintenance requirements for the pile. <br /> Also of apparent concern to the OSM inspector is the poorly drained area <br /> existing between the waste material and the adjacent hillside to the south. <br /> This is not a depression created on the pile surface but adjacent to the pile <br /> and was apparently not considered as requiring drainage measures until the <br /> pile reached its designed limits. Cross section C-C' on Map ll-B-App. 3-4 <br /> illustrates the construction of a surface water diversion berm (on the pile) <br /> adjacent to the clean water ditch (on the hillside) when construction of the <br /> pile is complete. The Division agrees that this area, as it now exists and <br /> which now receives some limited seepage and runoff from both the waste pile <br /> and the hillside below the clean water ditches , should be facilitated. <br /> Accordingly, the operator will be required to maintain drainage from this low <br /> area, so long as it exists during the construction phase, into the east <br /> collection ditch . When the pile reaches its design limits and the surface of <br /> the pile covers the area in question, the designed and approved drainage <br /> measures can be installed. As a result of the above, the Division considers <br /> it will be taking appropriate action in regard to the perceived problems since <br /> these actions are authorized by the State program and will cause the problems <br /> to be corrected. <br /> The Division 's decision not to issue an NOV in this instance is considered to <br /> be for good cause. The problems identified either result from conflicts <br /> between provisions of the permit or are not subject to current conditions of <br /> the permit. There is no- clear violation of the permit as cited in the TDN. <br /> Sincerely, <br /> James C. Stevens <br /> Senior Reclamation Specialist <br /> JCS/scg <br /> 7195F <br />