2014-01-21_INSPECTION - C1981012 (2)

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January 8, 2014 C- 1981- 012/New Elk Mine LDS AVAILABILITY OF RECORDS — Rule 5.02.4(1): The records were available in the Technical Services building. Detailed comments are made at the end of this report. EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09 Placement; Drainage Control; Surface Stabilization: The original development waste pile (DWDA 1) was stable and well vegetated. The newer development waste disposal area (DWDA 2) continues to show signs of surface erosion, although there was no evidence of instability. Surface erosion will continue to be a problem until the pile can be reclaimed. It is important to note that the repairs made to the ditch on the south -west edge of the pile have changed the shape of the pile itself, while this is understandable, NECC should consider it a matter of priority to reshape the pile in accordance with the approved design. Development waste continues to be stored in the soil storage area. This can only be a temporary measure. At some point the waste will need to be moved to the approved - but not yet bonded - DWDA 3, or transported onto the RDA. HYDROLOGIC BALANCE - Rule 4.05 Drainage Control 4.05.1, 4.05.2, 4.053; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; Drainage — Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: NECC had chosen to prioritize the abatement of the current enforcement action: • Work was in progress to alter the diversion ditch above the RDA so that it would conform to the approved design. At the west end of the site: • Culvert C21 had been cleaned • The old water tank and substation SAES showed no new disturbance • Pond 4 had a small amount of water, but was not discharging. Vegetation had been cleared from the embankment to allow access to the primary and emergency spillways • Culverts C2 and C3 were both clear. Work had been completed at the inlet to C3 • The slurry injection well was inspected. The diversion ditch around the slurry well SAE had been constructed in such a way that it does not cross the SAE, (the map should be updated accordingly). A berm had been established at the northern edge of the SAE • Fallen rocks had been cleared from ditch D26 • Chemicals had been moved from the embankment of pond 7 to the old explosives storage area (see photo 25). Apparently this was at the behest of an inspector from the Water Quality Control Division. The chemicals include flocculant. It must be pointed out that this area has not been permitted for chemical storage (although, it seems to be a safer location to store chemicals, given the large berm and the downstream water treatment facilities). The Division requests that NECC forward a copy of Number of Partial Inspection this Fiscal Year: 4 Number of Complete Inspections this Fiscal Year: 3 Page 4 of 16