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<br />NOV C-95-016 <br />West Elk Mine <br />This NOV was written for failure to construct and maintain sediment <br />control structures prior to mine related disturbance, failure to <br />salvage topsoil prior to disturbance, failure to maintain <br />diversions associated with coal mine waste disposal. <br />HISTORY <br />One NOV (C-94-033) was issued at this site during the past twelve <br />months, but the NOV was vacated. No penalty is assessed for <br />history <br />SERIOUSNESS <br />Failure to install and maintain required sediment control <br />structures created a potential for excessive loss of sediment from <br />the disturbed area associated with the waste disposal area. There <br />is no evidence that this actually occurred. <br />Failure to salvage topsoil seriously affects the potential for the <br />area to be adequately reclaimed. The waste material placed on <br />undisturbed ground may or may not add chemical or physical <br />contaminants to the unsalvaged topsoil. Regardless of the <br />potential for contamination, the topsoil that would have been lost <br />without abating this NOV was a critical component of the <br />reclamation plan for the area. <br />Failure to maintain diversions associated with the waste disposal <br />area created the potential for runoff from the waste pile leaving <br />the disturbed area without being treated according to the approved <br />permit. There is no evidence available to indicate that this event <br />actually occurred. <br />Due to the loss and/or contamination of topsoil, and the potential <br />for improperly treated runoff leaving the area, $1250 is assessed <br />for a significant level of seriousness. <br />