ENFORCE26952

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 7/8/1993
• Doc Name: NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY REQUEST FOR CONFERENCE
• Violation No.: CV1993077
• Media Type: D
• Archive: No

Memo to File C-81-019 - 2 - July ), 1993
Rule 4.05.2(1) is designed to prevent surface drainage from
disturbed areas from leaving the permit area without first passing
through a sedimentation pond, a series of ponds, or a treatment
facility. Statute 34-32-120(2)(j) is designed to prevent excessive
disturbances to the prevailing hydrologic balance at the mine site
and in associated off-site areas and to the quality and quantity of
water in surface and groundwater systems both during and after
surface coal mining operations and during reclamation. Statute
34-32-120(2)(u) is designed to prevent slides or damage occurring
to off-site areas during mining and reclamation operations, and to
prevent such operations from depositing spoil material or locating
any waste accumulations or parts of the operations outside the
permit area. Rules 4.05.3 and 4.05.4 are designed to prevent 1)
increases in the potential for flooding, 2) endangerment to
property or to public safety, 3) excessive adverse impacts to the
hydrologic balance, 4) instability in diversions and collection
drains, 5) suspended solids being added to streamflow and to runoff
outside the permit area, and 6) increases in the potential for
landslides resulting from improper location and design of
diversions.
Rule 4.05.5(1) is designed to prevent additional sediment from
being contributed to streamflow or to runoff outside the permit
area, to prevent violations of State and Federal effluent
limitations, and to prevent excessive erosion from adversely
impacting topsoil, vegetation, fish and wildlife, and the
hydrologic balance. Rule 4.09.1(5) is designed to prevent a lack
of slope protection from existing at excess spoil piles. In
addition, this Ru]e is designed to prevent excess spoil pile
diversions from not complying with design requirements outlined in
Rule 4.05.4, and is designed to prevent disturbed areas, including
non-riprapped diversions, from remaining unvegetated upon
completion of construction.
From photographs and Division comments, it is apparent that
sediment-laden water left the South Collection Ditch, causing
severe erosion in several locations on the hillslope below it.
This water also left the permit area untreated, causing
contribution of sediment to streamflow, runoff, and areas outside
of the permit boundary. As such, it is apparent that the events
which the aforementioned rules were designed to prevent had
occurred.
Extent of damage has been documented by photographs during
inspections conducted on May 18, 1993 and May 27, 1993. Excessive
erosion occurred in the upland topsoil piles, in natural ephemeral
drainage channels that link sections of the South Collection Ditch,
in areas below the topsoil and above the South Collection Ditch, in
areas below the South Collection Ditch inside the permit area, and
areas outside of the permit area, including a State Highway and a
private pasture. Additional solids were contributed to all of
these areas as a result of these events, and were also deposited
into Goodsprings Creek. As such, extent appears from photographs
to be approximately 10 acres.