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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 -007 <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 -007. <br />The violation was identified during the complete inspection for July, 2013, which took place between <br />the 23rd and 26th. NOV CV- 2013 -007 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 treat surface drainage from a disturbed area before leaving the permit <br />area, in violation of Rule 4.05.2(1). <br />The portion of the operation to which the violation applies is ditch D14, which is designed to convey <br />surface drainage from the newer Development Waste Disposal Area (DWDA 2), via a series of ditches <br />and culverts, to Pond 7 for treatment prior to discharge to the Purgatoire River. According to table 20, <br />the ditch is designed to convey the 100 year /24 hour event, from an area of 2.24 acres. At the time of <br />the inspection a breach in the ditch was observed, which had led to water draining from the surface of <br />DWDA 2 discharging directly to the Purgatoire River. <br />Pursuant to Rule 5.04.3(2), 1 am requesting that you determine the amount of the proposed civil penalty <br />for the violation. The notice of civil penalty is due on or before September 20, 2013. To assist you in your <br />research for determination of the civil penalty I offer the following comments in addition to copies of <br />the NOV and the inspection report (which are attached): <br />• Pertaining to History <br />o No violations or cessation orders have been issued to NECC in the last 12 months <br />• Pertaining to Seriousness <br />o The violation had an offsite impact, although that impact has not been quantified in any <br />way <br />• Pertaining to Fault <br />o The ditch had not previously been identified as in need of maintenance by DRMS <br />inspectors <br />