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PAGE 2 <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 Basin, DMG conducted the <br />August 10-12 inspection of the New Elk Mine and issued this NOV <br />based on_ the partially co~nrlete ramedia3 work. Basin perecnnel <br />were able to complete a majority of the remedial work prior to DMG <br />leaving the Mine site, and well within the abatement period <br />established in the NOV. Because Basin responded quickly to the <br />problems caused by the August 3 storm event, it was able to <br />minimize any resultant damage. Damage thus was minimal in terms of <br />duration, geographical area, and extent. <br />Based on the foregoing discussion, Basin believes that NOV C- <br />94-019 needs be evaluated in light of the circumstances that <br />occurred. Basin further believes that its prompt and comprehensive <br />response to the problems identified in this NOV, combined with its <br />total lack of fault for these conditions, need to be considered. <br />The following sections further discuss facts specific to the <br />problems cited in the NOV. <br />NOV C-94-019: Failure to Maintain Ditches and Culverts. <br />SERIOUSNESS: The structures identified filled with materials <br />as a result of the intense storm which exceeded the 10 year/24 hour <br />event. The probability of a storm of this magnitude occurring is <br />less than once in ten years. Although the capacity was reduced on <br />the dite}ec and es'_c•__^rts, a^y adflitio._al floc; which ;cold cccur <br />would still report to sediment ponds. These structures were <br />designed per regulation, to handle capacities from storm events up <br />to a 10 year/24 hour. The design event was surpassed. <br />All structures except one culvert were returned to their <br />design capacities prior to departure of the inspection team on <br />August 12. The three ditches cited were cleaned and reshaped. Two <br />of the cited culverts were thoroughly cleaned, a third although not <br />completely cleaned out is oversized, resulting in the equivalent <br />design flow area being available. At the time, the one remaining <br />culvert was approximately 3/4 clean. The culvert in question is <br />used for access to the preparation plant. Partial obstruction of <br />this culvert would only restrict flow from a ditch which carries <br />drainage from the south side of a coal stockpile. If the ditch <br />were to overflow due to the restricted culvert, this flow would by- <br />pass the culvert and return to the ditch. Clean-out of the this <br />