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September 11, 2013 <br />To: Sandy Brown <br />From: Leigh Simmons <br />Re: New Elk Mine (C- 1981 -012) <br />Notice of Violation (NOV) No. CV- 2013 -008 <br />Request for Assessment of Civil Penalty <br />On August 22, 2013, 1 issued two Notices of Violation at the New Elk Mine: CV- 2013 -007 and -008. This <br />memo concerns only CV- 2013 -008. <br />The violation was identified during the complete inspection for July, 2013, which took place between <br />the 23rd and 26th. NOV CV- 2013 -008 was issued from the office, with the inspection report, on August <br />22, 2013. New Elk Coal Company LLC (NECC) received the notice on August 29, 2013. The notice of <br />violation was issued for failure to maintain ditches, culverts and berms in compliance with the approved <br />design, in violation of Rule 2.07.7(7). <br />Several distinct issues fall under the same "umbrella" notice of violation. All these issues had been raised <br />in previous inspection reports but had remained unaddressed, or partially addressed. The issues are <br />listed below, together with a reference to the rule(s) that they violate: <br />a. The clean water diversion ditch above the west fan was overgrown with vegetation and <br />indistinct in places - 4.05.3(1) <br />b. Clean water diversion ditches D29 and D29B were overgrown with vegetation - 4.05.3(1) <br />C. On the south side of clean water culvert C2 there was no berm in place to prevent <br />surface drainage from a disturbed area (the C &W Train Shop area) from entering the clean <br />water system and discharging to the Purgatoire River before treatment in a sediment pond - <br />4.05.3(1) <br />d. Culvert C4 had previously been removed. The channel where it used to be was too <br />shallow, meaning that water was impounded - 4.05.9(1) <br />e. Clean water diversion ditch D7 was overgrown with vegetation - 4.05.3(1) <br />f. Ditch D9 and the inlet to culvert C5 were partially blocked by vegetation and non -coal <br />waste - 4.05.3(1) <br />g. There was a low spot in the berm at the "new water tank" SAE - 4.05.3(1) <br />h. Clean water diversion ditch D26 was partially blocked with rocks, non -coal waste and <br />vegetation, and was indistinct in places - 4.05.3(1) <br />i. The upland diversion ditch above the RDA had large puddles in two places, the eastern- <br />most of which had breached - 4.05.3(1), 4.09.2(7), 4.10.3(2) <br />j. A section of culvert C41 was missing - 4.05.3(1) <br />k. Culvert C73 was partially blocked with accumulated sediment - 4.05.3(1) <br />I. Culvert C19 was partially blocked with accumulated sediment - 4.05.3(1) <br />