2011-09-22_ENFORCEMENT - C1982056 (2)

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interpreted to mean a blended backfill consisting of soil fill and coal waste, meeting the 5% coal content threshold. It should be noted that, based on statements by 3B Enterprise, the operator of the Deakins Pit, this interpretation and approach had not previously been questioned by inspectors for the Minerals Group, and only became a question or concern following the recent complaint. Twentymile Coal, LLC Position and Issues 1) The activities which resulted in the NOV occurred without TC's knowledge or consent, and were conducted by parties which were either not under TC's supervision or control (3B Enterprises), or which were acting outside the scope of TC's direction and intent (Bower Brothers). As previously noted, it was TC's intent and direction that road clean -up materials be transported to and disposed of in the Twin Landfill, a State approved disposal facility. The diversion of waste materials to any other location(s) occurred without notice to or approval of TC. TC's first indication that waste materials had gone to any location other than the Twin Landfill, as directed, were contacts from Jason Musick and Dan Hernandez resulting from the Minerals Group inspection, as previously referenced. 2) There are inherent practical and operational problems with the regulatory definitions and provisions as they relate to handling and disposal of "coal wastes" and "non -coal wastes ". The following regulations govern handling and disposal of "coal mine waste ": 4.10 COAL MINE WASTE BANKS 4.10.1 General Requirements (1) All coal mine waste shall be transported and placed in new and existing disposal areas approved by the Division for this purpose. These areas shall be within a permit area. The disposal area shall be designed, constructed, inspected and maintained: (a) In accordance with 4.09.1, 4.09.2, 4.10, and 4.11; and (b) To prevent combustion. (2) Coal mine waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine waste piles may be disposed of in the permit area only if approved by the Division. Approval shall be based on a showing by the person who conducts surface coal mining operations in the permit area, using hydrologic, geotechnical, physical, and chemical analysis, that disposal of these materials does not: (a) Adversely affect water quality, water flow, or vegetation; (b) Create public health hazards; or (c) Cause instability in the disposal areas. TC has an existing approved coal mine waste disposal facility (Coal Refuse Disposal Area (CRDA)), which currently receives coal processing waste from the Washplant at the Foidel Creek Mine. The inherent practical and operational problem with the regulatory definitions and provisions is that the CDRMS interprets Rule 4.10.1(1)(b) as meaning that no combustible