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Ms. Christine Belka <br />Page 4 <br />June 11, 2018 <br />footprint. Vegetation immediately adjacent to the stockpile area showed traces of coal dust on <br />close examination, however, there was no evidence of excessive dust outside of the pile. <br />The West Elk Mine permit addresses Rules 2.05.6(1) and 4.17 with regard to air quality on pages <br />2.05-101 and -102. The permit conditions include dust control features on conveyors, the rail <br />loadout and transfer points. In addition, water is applied to any active roadways, parking areas, <br />and refuse disposal areas to control dust emissions from the areas, if required, on a seasonal <br />basis. Finally, coal stockpiles are compacted and may be sprayed as necessary to eliminate <br />particulate emissions created during coal handling. <br />DIVISION INSPECTION PROCEDURES <br />By email letter received on June 6, 2018, WEG takes issue with the Division's inspection <br />procedures associated with the Division's May, 23, 2018 I&E inspection of the West Elk Mine. <br />Again, although the May 23, 2018 I&E inspection incorporated a review of MCC's dust control <br />policy and practice, it was a previously scheduled inspection conducted in the regular course of <br />the Division's inspection schedule. The inspection was not conducted in response to the WEG <br />complaint, but it did provide the opportunity for the Division to conduct the inspection with <br />attention to the WEG complaint. <br />To date, the Division has not received a letter of complaint and request for inspection directly <br />from WEG pursuant to Rule 5.02.5(1)1. All correspondence on this matter has been sent to <br />OSMRE, and forwarded or copied to the Division. Because the Division has not received a direct <br />citizen's complaint from WEG alleging violations, the procedural requirements set forth in Rule <br />5.02.5 are not applicable. The Division's May 23, 2018 inspection was a normal I&E Coal <br />Partial inspection of the West Elk Mine, which included a detailed look at the air resource <br />protection portion of the West Elk Mine site and permit. The information gathered on this <br />inspection was included in this TDN response in order to provide information as to the <br />Division's determination that a potential violation does not exist. <br />Based on the Division's review, the May 23, 2018 I&E inspection provided adequate <br />information to reinforce the Division's determination that a potential violation does not exist and <br />an inspection after receipt of the TDN was not necessary or warranted. <br />1 Rule 5.02.5(1) states that "any person who believes there is a violation of the Act, Rules or permit conditions required by the <br />Act or that any imminent danger or harm exists, may request the Division to conduct an inspection for violations". <br />