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July 23, 2013 C-1981-012/New Elk Mine LDS <br /> Surface water and sediment control structures were inspected and are described by location, in keeping <br /> with the format used in recent inspection reports.NECC had done significant work on culverts. Their policy going <br /> forward is to use only thicker 12 gauge culverts when replacing old or damaged culverts. <br /> At the western end of the mine site, from west to east: <br /> • The water monitoring sites were inspected,no problems were observed. <br /> • Culvert C49 is outside of the disturbance boundary, it is not NECC's responsibility. <br /> • Culvert C21 should be cleaned at the inlet (this is a job for a shovel rather than heavy machinery) <br /> • The "old water tank"and "old substation" SAES showed no recent disturbance. Each could be a candidate <br /> for bond release. <br /> • Containment 2 was fine,but is not shown on map 14. It should be included on the redrawn map. Non- <br /> coal waste should be cleared from the adjacent ditch. <br /> • The upstream section of armored ditch D28 exists in the natural drainage beside the west fan, as drawn on <br /> map 14 dated 7/24/2012,although many of the features shown on this map don't exist on the ground since <br /> the work approved by TR66 has not been commenced. An earlier version of map 14, dated 3/12/2012, <br /> more closely reflects the physical reality on the ground in many cases,but neither version is entirely <br /> comprehensive. <br /> • The clean water diversion ditch above the west fan exists uphill of the position shown on the 3/12/2012 <br /> map. The position of the ditch should be corrected on the redrawn map. The ditch also needs to be <br /> cleared of vegetation and reshaped in places; since this was an item that was identified in the <br /> inspection report of April 29,2013,and is not the subject of a permitting action,the Division finds <br /> that this is a violation for failure to maintain ditches in accordance with the approved design. This is <br /> discussed further in the ENFORCEMENT ACTIONS section of this report. <br /> • Culvert C23a does not exist, it should be removed from the redrawn map, (it has been removed from <br /> table 21). <br /> • Culvert C23 had been cleaned. There was some slight damage near the outlet,but not enough to currently <br /> pose a problem. <br /> • Clean water ditch D29 exists but becomes indistinct towards the flat area. D29b is—50' uphill, draining to <br /> the west. The scheme works,but is not as drawn on either version of map 14. D29 currently ends in the <br /> containment;the ditch should be extended to the east,into the clean water system and the redrawn <br /> map should be corrected to show the positions of both ditches. <br /> • Both ditches D29 and D29B need to be cleared of vegetation; since this was an item that was <br /> identified in the inspection report of April 29,2013,and is not the subject of a permitting action,the <br /> Division finds that this is a violation for failure to maintain ditches in accordance with the approved <br /> design. This is discussed further in the ENFORCEMENT ACTIONS section of this report. <br /> • Culverts C51, C52 and C54 do not exist;the culverts should be removed from the redrawn map and <br /> table 21. <br /> • Although it is not clear at this stage whether the slurry injection facility will be used or not,the facility has <br /> been constructed. Map 14 must be extended to show the facility,which was approved via MR95 and <br /> MR102 and is shown on Map 12 (although map 12 shows two injection wells where only one exists and <br /> should be corrected). MR102 describes runoff from the well pad being treated by containment 1 (it is not <br /> Number of Partial Inspection this Fiscal Year: 0 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 4 of 29 <br />