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PAGE 2 <br />>:: ! <br />j <br />labor dispute and wet conditions interrupted the remedial work. <br />UMWA workers staged a three-day work stoppage over the August 5-7 <br />weekend that prevented. the problems from being remedied before the <br />arrival of DMG inspectors. Moreover, as you know, it has been a <br />wet summer, and the unusual frequency and intensity of storm events <br />throughout the summer produced conditions which further slowed <br />implementation of permanent remedies. <br />During the remedial .work conducted by Sarin, DMG conducted the <br />August 10-12 inspection of the New Elk Mine and issued the three <br />NOVa _ basede -on-_ the .,part}al3y ; complete remed~al work.., ... $gis.in . <br />personnel were able to complete all remedial work shortly after DMG <br />left the Mine site, .and well within the abatement period <br />establi$hed in the NOVe. Because Basin responded quickly to the <br />problems caused by the .August 3 storm event, it was able to <br />minimize any•reaultant damage. Damage thus was minimal in terms of <br />duration, geographical area, and extent. <br />Based on the foregoing discussion, Haein.believes that the <br />three NOVs need to be evaluated in•light of the.circumstancea that <br />occurred. Basin further believes that its prompt and comprehensive <br />response to the problems identified•in.the NOVe, combined with its <br />total lack of fault for these conditions,. need'to be considered <br />during .your assessment process. The following sections further <br />discuss facts specific to the problems cited in each NOV. <br />NOV C-94-018: Failure to Pasa Disturbed Area Drainage Through a <br />Sediment Pond. <br />SERIOIISNESS: 'The areas in which disturbed area drainage was <br />discharged without treatment. were limited, to those areas where <br />designed.atructures failed due .to the•.exceQdance of the designed <br />precipitation event: Ditches and berms were ove{~topped, culvert <br />were plugged, and the.intensity•.of the .rain caused excessive runoff <br />to plug and fill structures'. Normal rainfall•eventa, or even a 10 <br />year/24 hour event, would not have caused the structures to fail as <br />they did. The probability of thin occurring is extremely low. <br />Moreover,' as discussed below, the duration and extent of the <br />damage .for each area identified is also low. <br />1) The runoff from the west portion of the western coal pile <br />involved a small portion. of the road, coal storage area, and <br />material storage area: The extent of this area is approximately <br />0.4 ,acres. A partial repair. which.prevented further discharge was <br />done by August 12 with the complete repair of the.berm and ditch <br />completed August 21. <br />