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<br />December 8, 1995 Inspection <br />NOV C-95-027 Failure to construct CRDA #2 upper diversion <br />ditch in compliance with approved design. <br />Specifically, a 150' segment of the ditch near <br />the eastern terminus significantly exceeds the <br />design gradient of .50, up to 20°s in one <br />location. <br />March 28, 1996 Inspection <br />NOV C-96-010 Failure to minimize disturbance to the <br />hydrologic balance; failure to operate and <br />maintain facilities to treat underground mine <br />water discharges to meet effluent limits in <br />the mine's CDPS permit. Discharge Point 004. <br />November 25, 1996 Inspection <br />NOV C-96-020 Failure <br />directe <br />failure <br />provide <br />and the <br />#2. <br />January 13, 1997 Inspection <br />to ensure that drainage is not <br />3 over the outslope of the fill, and <br />to minimize erosion as necessary to <br />protection for topsoil, vegetation, <br />hydrologic balance. Refuse Area CRDA <br />NOV C-97-001 Failure to ensure that water discharged from <br />an underground mine complies with all federal <br />and state laws and regulations. Minewater TSS <br />level of 520 mg/1 significantly exceeded 40 <br />CFR 434.42 effluent limit of 70 mg/1 1 day <br />maximum. Discharge Point 004. <br />As you can see, a pattern (minimum of three violations resulting <br />from separate inspections) could potentially exist for the 12 month <br />time period March 28, 1996 through March 27, 1997. <br />The operator, Powderhorn Coal Company, has paid the civil penalties <br />associated with all of the above listed violations, and all but C- <br />97-001 have been fully abated and terminated. Abatement steps 1 <br />and 2 (remedial abatement and submittal of a technical revision <br />plan for surface treatment of minewater discharge) have been <br />completed on schedule, but final abatement has not yet been <br />completed, as the technical revision is still under review. <br />Three of the violations listed above are essentially the same, <br />Total Suspended Solids (TSS) discharge exceedances at Discharge <br />Point 004, which discharges minewater from the North Portals. The <br />other two violations are related to each other, as they pertain to <br />drainage control at Refuse Area CRDA #2, however the two violations <br />would fall within two different POV review periods, and differ from <br />