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Based on conversations with Bower Brothers, resulting from and subsequent to issuance of the NOV, it <br />was determined that, without TC's knowledge or consent, the contractor had diverted some of the <br />"non -coal waste" material designated for disposal at the Twin Landfill to the Deakins and Ross Pits. <br />TC's investigations, subsequent to issuance of the NOV, indicate that none of the imported materials have <br />been disposed of at the Ross Pit, and that Bower Brothers has been using this pit area solely for processing <br />and segregation of saleable coal materials from the waste. Any waste haulage to, and disposal of, waste <br />materials that has occurred at the Deakins Pit appears to have resulted from an independent decision by <br />Bower Brothers, and possible misinterpretation of an existing permit from the Minerals Group by 3B <br />Enterprises, which allows for "disposal of materials containing not more than 5% coal ", which they <br />interpreted to mean a blended backfill consisting of soil fill and coal waste, meeting the 5% coal content <br />threshold. It should be noted that, based on statements by 3B Enterprise, the operator of the Deakins Pit, <br />this interpretation and approach had not previously been questioned by inspectors for the Minerals Group, <br />and only became a question or concern following the recent complaint. <br />1) The activities which resulted in the NOV occurred without TC's knowledge or consent, <br />and were conducted by parties which were either not under TC's supervision or control <br />(3B Enterprises), or which were acting outside the scope of TC's direction and intent <br />(Bower Brothers). <br />A s pieziously note4 it wits TCs intent and direction that road dear -up nnterials be transported to and disposed f <br />in the Tzein Landfill, a State apprnred disposal facility The dizersion of waste materials to any other location(s) <br />occurred without notice to or approzi l of TC TCs first indication that waste nuterials had gone to any location <br />other than the Tzein Landfill, as direr were contacts from Jason Musick and Dan Hernandez resulting from the <br />Minerals Group inspection, as prvziously referenced <br />2) There are inherent practical and operational problems with the regulatory definitions and <br />provisions as they relate to handling and disposal of "coal wastes" and "non -coal wastes ". <br />The fdlozeing regulations gozern handling and disposal of "coal nine waste' <br />4.10 COAL MINE WASTE BANKS <br />4.10.1 General Requirements <br />(1) All coal mine waste shall be transported and placed in new and existing disposal areas <br />approved by the Division for this purpose. These areas shall be within a permit area. The <br />disposal area shall be designed, constructed, inspected and maintained: <br />(a) In accordance with 4.09.1, 4.09.2, 4.10, and 4.11; and <br />(b) To prevent combustion. <br />(2) Coal mine waste materials from activities located outside a permit area, such as those activities <br />at other mines or abandoned mine waste piles may be disposed of in the permit area only if <br />approved by the Division. Approval shall be based on a showing by the person who conducts <br />surface coal mining operations in the permit area, using hydrologic, geotechnical, physical, and <br />chemical analysis, that disposal of these materials does not: <br />(a) Adversely affect water quality, water flow, or vegetation; <br />(b) Create public health hazards; or <br />