Laserfiche WebLink
PAGE 2 <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 Basin, DMG conducted the <br />August 10-12 inspection of the New Elk Mine and issued the three <br />NOVs based -on__ the ..partially ; complete remed~al ,waz'k.., .... B~ein.. <br />personnel were able to complete all remedial work shortly after DMG <br />left the Mine site, .and well within the abatement period <br />established in the NOVa. 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 the <br />`r three NOVs need to be evaluated in light of the.circumstancea that <br />occurred. Basin further believes that.its prompt and comprehensive <br />resgonae to the problems ident.ified'ia.the NOVs, combined with its <br />total lack of. fault for these conditions, need'to be.conaidered <br />during ,your assessment process. The following segtionG further <br />discuss facts specific to the problems cited in each~NOV. <br />NOV C-94-018: 'Failure to Pass Disturbed Area Drainage Through a <br />Sediment Pond. <br />SERIOUSNESS: 'The areas in which.diaturbed area drainage was • <br />discharged without treatment were limited. to those areas where <br />designed.'structur.es failed due to the.exceedaace of the designed <br />precipitation event. Ditches and berms were ove{stopped; culverts <br />.::;:~ were plugged, and the intensity of the .rain caused excessive runoff <br />to plug and fill structures. Normal rainfall events, or even a 10 <br />year/24 hour event, would i3ot have caused the structures to fail ae <br />they did. The probability of this .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 atorage~ 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 />