INSPEC43391

• Permit No: C1981018
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• Inspection Date: 7/9/2002
• Media Type: D
• Archive: No

III. COMMENTS -COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations made
during the inspection. Comments also describe any enforcement actions taken during the inspection
and the facts or evidence supporting the enforcement action.
This was a complete quarterly inspection for the 3`d Qtr., 2002, conducted by Dan Mathews of DMG.
Mitchell Rollings of the Office of Surface Mining (OSM) was present, conducting an OSM complete
oversight inspection. Jim Stark of the DMG Denver office was present on July 9 and the morning of July
] 0, primarily for the purpose of increasing his familiarity with the site to assist in his preparation of
reclamation cost estimates. Weather was cleaz and very warm and site conditions were dry, with no
significant precipitation in recent weeks.
Description of Enforcement Actions
Three Notices of Violation (NON'S) were issued during the course of the inspection, and are described here
below.
NOV CV-2002-015
Failure to properly water or otherwise manage refuse disposal area working surface to effectively suppress
fugitive dust emissions so as to comply with all applicable state and federal air quality statutes and
regulations.
On the afternoon of July 9, between approximately 3pm and 4:30 pm, inspectors observed significant dust
being generated by scrapers and a sheeps foot compactor working and travelling on recently spread refuse
material at Refuse Sub-Area SA. Dust was being blown offsite by a gusty east wind, onto undisturbed
areas to the west of the refuse area. Walking along the western perimeter of the site, at times it was
necessary to turn away from the site due to the quantity of blowing coal dust. No watering activity was
observed during the time that inspectors were on the site.
On at least three occasions during recent months, the operator had been cautioned regazding the need to
ensure adequate watering for dust control at the active refuse sub-areas. An inspection report dated June
20, 2002, noted that, at the combined Refuse Sub-Area 2/3/4, "some dust is being generated along the haul
route, and more frequent watering is warranted." An inspection report dated May 6, 2002 noted that "there
appeared to be some dust generated from haul route on the refuse piles, more frequent watering may be
necessary." Inspection report dated April 10, 2002, stated that "operator was cautioned regazding the need
to keep the tazge expanses of active refuse areas watered down to control dust. Atready this spring, the
heavily travelled route from the refuse haul road onto the temporary refuse stockpile was dry enough that
some dust was being generated, and more frequent watering of the truck route was needed."
Pertinent permit and regulation sections were cited in the NON, as well as the applicable Air Pollution
Control Division (APCD) construction permit for the site. Requved abatement was to "initiate and conduct
watering as necessary..." by loam, July 1Q 2002. The site was checked at 2pm on July 10, and it was
verified that proper abatement had been performed. The site had been and continued to be properly
watered to control dust. As a result, the NOV was terminated by notice issued July 11, 2002.
NOV CV-2002-016
Failure Yo provide for proper surface drainage during coal mine waste pile construction in accordance
with approved plan and applicable regulations.