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January 8, 2014 C- 1981- 012/New Elk Mine LDS <br />ENFORCEMENT ACTIONS /COMPLIANCE <br />Infraction Number: CV2013007 <br />All abatement actions have been completed, the violation has been terminated and NECC have <br />paid the civil penalty. <br />Infraction Number: CV2013008 <br />All abatement actions have been completed, the violation has been terminated and NECC have <br />paid the civil penalty. <br />Infraction Number: CV2013009 <br />Inspection Date: <br />Date Issued: November 25, 2013 <br />Primary Topic: Hydrologic Balance <br />Secondary Topic: Processing Waste <br />Tertiary Topic: <br />Description: <br />Abatement 4: 1 <br />Abatement Due Date: 1/24/2014 <br />Abatement Due Extended Date: <br />Abatement Description: Construct the RDA upland diversion ditch so that is in compliance with <br />the approved design <br />Work was in progress at the time of the inspection to complete the abatement action. Mr Terry <br />had staked out the ditch to give an appropriate gradient and Mr Masarotti was in the process of building <br />the ditch to conform to the survey points. Although the work appeared to have been more straightforward <br />than had been expected, NECC staff suggested that it would be difficult to achieve the trapezoidal section <br />specified in the current design. If this is the case NECC will need to submit a Technical Revision <br />application to redesign the ditch. It is imperative that NECC request an extension to the abatement <br />deadline to allow any permitting work to be completed if it proves impossible to construct the ditch <br />to match the currently approved design. <br />Number of Partial Inspection this Fiscal Year: 4 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 8 of 16 <br />