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z <br />Issue 2: <br />The TDN cites an alleged violation of Rule 4.01.1(8) for failure to confine coal mining <br />operations to lands within the permit area. Reference is made to silt fences and sumps at <br />the outlet of a haul road culvert(A-3). The TDN was apparently written based on a review <br />of Exhibit 13-13.2 in the PAP during the inspection. This exhibit indicates that the permit <br />boundary near the area in question is approximately 200 feet from the center line of the <br />road. The exhibit also indicates a fence approximately 30 feet beyond the permit boundary. <br />During the March 31, 1995 inspection, erosion control features which had been previously <br />installed as abatement to NOV C-93-135 were observed to extend from the culvert outlet <br />to the fence. No measurements of the area were taken during the inspection. <br />The fence observed during the March 31 inspection was used to mark the Seneca II-W <br />permit boundary when the permit area was originally staked out. During its May 5 <br />inspection, the Division verified the accuracy of this boundary by measuring the distance <br />from the center line of the haul road to the fence. Three measurements near the A-3 <br />culvert outlet indicated the fence was between 198 and 224 feet from the center line of the <br />road. These distances agree with the permit boundary locations which are correctly depicted <br />on the 1" to 400 foot maps of the permit area in the PAP, and the location of the fence on <br />the road certification map, Exhibit 13-13.2. The depiction of the permit boundary inside <br />the fence on the road certification exhibit (13-13.2) is not accurate. Furthermore, during <br />the May 5 inspection, the Division noted that permit boundary signs were posted along the <br />fence line. These markers, which were not noted during the March 31 inspection, were <br />approximately 150-200 feet from the culvert outlet area in either direction. <br />Since the fence is at the permit boundary and since the structures cited in the TDN are <br />inside the fence, coal mining operations at this site are inside the permit area. There is no <br />violation of Rule 4.01.1(8). Therefore, enforcement action would not be appropriate. In <br />order to avoid further confusion, the Division has required the operator to revise Exhibit <br />13-13.2 to more accurately depict the location of the permit boundary. <br />Issue 3: <br />The TDN cites an alleged violation of Rule 4.03.1(1)(d) because "haulroad certifications do <br />not accurately reflect the actual construction of the haulroad and related drainage system" <br />for the Mine Entrance Haulroad and Haulroad "A". The OSM inspection report does not <br />elaborate on this citation. Topics of concern with the road certifications which were <br />discussed during the inspection and in the Division's inspection report are as follows: <br />