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November 19, 2013 <br />To: Leigh Simmons <br />From: Susan Burgmaier <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Notice of Violation No. CV- 2013 -008 <br />Review of RDA Diversion Ditch Survey <br />Abatement step #8 of Notice of Violation CV2013008 required New Elk Coal Company, LLC <br />(NECC) to survey the RDA diversion ditch and provide the Division with the results of that <br />survey for comparison to the approved ditch design. New Elk Coal Company, LLC surveyed the <br />ditch and submitted three drawings to the Division: RDA — Ditch Plan, RDA — Ditch X- Sections, <br />and RDA — Ditch Profile. You asked me to compare the constructed ditch (As- Built) to the <br />approved designs, and requested three determinations. <br />• If the ditch is constructed in accordance with the approved design; <br />o The ditch has not been constructed as designed, see comments below. <br />• If the design is adequate; <br />o The approved design is adequate, but the ditch has not been constructed as <br />designed. <br />• If and how we will require NECC to alter the ditch <br />o See my comments below <br />I have the following comments that can be forwarded to New Elk Coal Company, LLC: <br />1. The Division reviewed the RDA- Ditch Plan drawing and found that the as —built plan view of <br />the ditch is consistent with the approved design. <br />2. The Division reviewed the RDA- Ditch X- Sections drawing and found inconsistencies <br />between the approved design and constructed ditch. The approved permit application <br />package, in Exhibit 20, indicates that the contour ditch above the refuse pile will be a <br />minimum depth of 2.6' with a 3:1 sideslope on the waste material side (downslope), and a <br />3:1 or steeper slope on the natural material side (upslope). The Division compared the as- <br />built information for Stations 0 +00 to 25 +00, to the approved design in Exhibit 20, as shown <br />on the following table. The "L Sideslope" values are the waste material side. Values in red <br />indicate that the ditch, as constructed, does not meet the minimum requirements of the <br />approved design. <br />