2011-10-28_ENFORCEMENT - C1982056

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allow less than 2 feet of cover material based on physical and chemical analyses which show that the requirements of 4.15 will be met. Operations of the disposal site shall be conducted in accordance with the local, State and Federal requirements. Permit Sections 2.05.3(8), 2.05.3(9) Definitions "Coal mine waste" means coal processing waste and underground development waste. "Underground development waste" means waste mixtures of coal. Shale, claystone, siltstone, limestone, or related materials that are excavated, moved, and disposed of during development and preparation of areas incident to underground mining activities. "Noncoal waste - Not defined in Section 1.04, but described in 4.11.4(1) as; " including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustibles generated during surface or underground mining ... " Abatement Requirements and Diligence Considerations The NOV identified three steps as be necessary to abate the violation: Step 1 - Submit a plan to ensure that; a) the underground development waste subject to this NOV is segregated from non -coal waste and disposed of in the approved Refuse Disposal Area; and b) the noncoal wste subject to this NOV is disposed of in a State - approved disposal site operating in accordance with local, State, and federal requirements. Abatement date - On or before September 22, 2011 Twentymile Coal, LLC (TC) submitted, and the Division acknowledged receipt of the required Abatement Plan on 09/21/11, satisfying the requirement for Abatement Step 1 Step 2 - Obtain final approval of the submitted plan. Abatement date - September 29, 2011 The Division reviewed and approved the Abatement Plan on 09/26/11, satisfying the requirement for Abatement Step 2. Step 3 - Implement the approved plan to ensure all underground development waste and noncoal waste is disposed of in the approved locations. Abatement date October 7, 2011, extended to October 24, 2011 As documented by the site field inspection reports and photos provided to the Division, the site work required by Abatement Step 3 was completed on 10/12/11, and effective completion of Step 3 was verified by Jason Musick and Dustin Czapla during a field inspection of both the Deakins and Ross Pits on 10/19/11, satisfying the requirement for Abatement Step 3. Background and Twentymile Coal, LLC Position and Issues TC had previously (2008) conducted a waste characterization and worked with a State - approved disposal facility (Twin Landfill near Milner) to transport and dispose of mine road clean -up materials, consisting of aggregate, mud, and minor amounts of coal dust, rock dust, and debris. Due to its composition, this material is considered "non -coal waste ", and consequently, is suitable for off -site disposal in a State approved disposal facility consistent with Rule 4.11.4(2). TC contracted with Bower Brothers to load and haul these "non -coal waste" materials to the Twin Landfill.