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Mr. Robert Hagen, AFO Director - 4 - November 27, 1989 <br /> Issue 7. In the case of the road drain on the 2 mine road, which is a <br /> designated access road, the Division assumes this is the drain to the number 2 <br /> mine ponds that appears on Map II-B-App. 7-Att. 1 . in Volume 3 of the permit <br /> package. The Division 's representative, present during the inspection, <br /> considers the drain properly maintained in that there is ample rock protection <br /> in the channel and little if any evidence of erosion visible thru the snow <br /> cover present at the time of inspection. <br /> So far as the Division can determine from the information provided, there is <br /> no violation of the rule assumed to be cited. <br /> Issue 8. This is a violation of Rule 4.06.1 and a Notice of Violation has <br /> been written. Given the circumstances, there is no required abatement. <br /> Issue 9. This is an alleged violation of Rule 2.01 .3(1 ) regarding "permit <br /> oboundaries as shown on November 1989 IA-1 or II-A-2." <br /> The Division does not have any written details other than provided on the <br /> TDN by means of which to identify the specific concern. The permit boundaries <br /> shown on the referenced maps correspond, so far as is known, with those <br /> approved by the Division for the surface coal mining and reclamation <br /> operation at the Coal Basin Mines. It is assumed, from conversations with <br /> the OSM inspector subsequent to the inspection, that the various access roads <br /> extending between the two parts of the recognized permit area are the issue. <br /> These roads are not indicated on the referenced maps , or on any other in the <br /> permit package, as being in the permit area. There is also no mention made <br /> in the permit package narrative of this situation. It was also not <br /> specifically mentioned in the Division 's original or permit renewal Findings. <br /> The roads in question are, however, included in the approved permit package <br /> and described on pages 16-21 of Volume 1 , Chapter II, Section II-B. The <br /> operator has obtained a permit to conduct surface coal mining operations as <br /> required by Rule 2.01 .3(1 ). There is no violation of this rule. If anything <br /> this may be a permit defect. The Division is investigating this possibility. <br /> If a defect is found, we will require the appropriate actions be taken in a <br /> timely manner. <br /> Sincerely, <br /> Michael B. Long <br /> Coal Program Supervisor <br /> MBL/ern <br /> 1631F <br />